ITHACA, N.Y. — A former Cornell student — who was charged with attempted rape in February — is taking legal action against the university after documents state that he has not been investigated fairly by the university.
Wolfgang Ballinger is charged with first-degree attempted rape, first-degree criminal sexual act and first-degree sexual abuse.
He is accused of luring a woman into his room around 2 a.m. on Jan. 31 at 2 Forest Park Lane. According to court records, he then locked the door, pushed the woman against the door and tried to have sexual intercourse with her twice from behind. He is also accused of forcing the woman to have oral sex with him and pushing her onto the bed where he allegedly sexually abused her with his fingers, records show.
Ballinger was released on his own recognizance from Ithaca City Court on Feb 9. Cornell officials said he was banned from campus but officials did not comment on his status as a student. The court records state that he has been temporarily suspended.
The Psi Upsilon fraternity, where Ballinger was the fraternity president, was suspended shortly after the claims against him.
According to court documents filed May 6 with the Tompkins County Supreme Court, Ballinger filed a petition stating the following accusations, among many:
- Cornell did not give Ballinger a statutory hearing, which he is requesting.
- The investigator in the Cornell’s case against Ballinger has not met with the complainant, nor has the investigator “collected critical documents,” such as DNA evidence from a rape kit, interviews from third-party witnesses and text messages following the alleged incident.
- That Cornell’s single-investigator model is flawed and unfair to defendants. The documents note, “Ballinger cannot effectively present his case when the investigator fails to gather or produce critical information.”
- The documents request that, in light of these facts, Cornell be banned from adjudicating the case against Ballinger permanently. This means there is a request being made for the university to not make a formal decision regarding the case.
Records show that Ballinger had until Monday (today) to provide more information to the university in regard to the incident.
The documents filed May 6 say Ballinger denies the charged against him. A Tompkins County Court clerk said Monday that the case is still pending grand jury action by the District Attorney’s office. he has not been indicted.