The Sophie Fund on October 14 asked the Special Committee of the Cornell University Board of Trustees to publicly release its engagement letter with King & Spalding setting out the firm’s precise mandate, scope of its factual inquiry, and terms governing its independence and authority in reviewing the university’s handling of gang rape allegations.

Cornell University Arts Quad

A letter of engagement is a document that formally establishes the terms under which a law firm is hired by an institution to conduct a review or other legal work including in such matters when the institution’s actions have created a crisis of public trust.

King & Spalding LLP has been commissioned by the Special Committee to review Cornell’s response to allegations that a Cornell undergraduate was raped at the Chi Phi fraternity house on campus in October 2024. King & Spalding is a 141-year-old Atlanta-based international law firm with 26 offices across the United States, Europe, the Middle East and Asia-Pacific whose clients include large corporations, financial institutions, and governments.

In a letter sent to Ann Meinig Smalling, chair of the Board and of the Special Committee, The Sophie Fund said it was seeking the release of the engagement letter because the Board of Trustees Special Committee’s October 6 statement left important questions unanswered about what it means by a “detailed review” and by King & Spalding’s “full independence.”

The Sophie Fund also asked the Special Committee to commit to publishing King & Spalding’s full final report, including its full factual findings and recommendations, in full, subject only to redactions required by applicable law or necessary to protect legitimate privacy interests.

Regarding King &B Spalding’s “detailed review,” The Sophie Fund said it is seeking to know whether the engagement letter expressly includes or excludes examination of the following in Jane Doe’s case:

• What Cornell officials knew, when they knew it, and what actions they took in response to that knowledge.
• The actions and decisions of senior Cornell administrators and trustees.
• The actions and decisions of Cornell University Police Department (CUPD) personnel.
• CUPD’s referral of the matter to the Tompkins County District Attorney’s Office, including the information and evidence communicated in that referral.
• Whether relevant evidence was appropriately identified, collected, preserved, investigated, and communicated.
• Cornell’s Title IX investigation and disciplinary processes, to the extent applicable to this matter.
• Communications among Cornell administrators, police personnel, fraternity officials, and other relevant parties.
• Whether Cornell’s existing policies and procedures were reasonable, appropriate, and adequate under the circumstances, as distinct from the focus on the Special Committee’s statement on “whether Cornell followed its policies and procedures in responding to the matter.” [italics added]
• Whether errors, omissions, or other institutional failures contributed to the handling or outcome of the matter.

Furthermore, with respect to the Special Committee’s statement that King & Spalding will have “full independence,” The Sophie Fund is seeking to know whether the engagement letter expressly addresses the following:

• Unrestricted access to all relevant university records, documents, electronic communications, case files, and other information concerning the Jane Doe matter.
• Full authority to determine investigative methods, identify relevant witnesses, conduct interviews, and pursue appropriate lines of inquiry.
• Unrestricted access to relevant Cornell officials, employees, trustees, and other witnesses.
• Full authority to expand the investigation if and when new evidence or related concerns emerge.
• Protection against university interference with, or improper influence over, the investigation, its findings, or the preparation of its report.
• Whether the Special Committee or other Cornell entities and officials will have an opportunity to review, edit, approve, or delay publication of the final report.

The Sophie Fund stated:

“We welcome the Cornell University Board of Trustees Special Committee’s retention of King & Spalding to conduct an independent review of Cornell’s policies and practices concerning campus sexual assault, including a detailed review of the allegations described in the civil lawsuit brought by a plaintiff known as “Jane Doe.”

“This review comes in response to serious public-trust concerns, raised by numerous parties, including New York Governor Kathy Hochul, regarding Cornell’s handling of this matter.

 “We request that the Special Committee release its engagement letter with King & Spalding, including any attachments, amendments, and terms of reference, so that the Cornell campus and Ithaca communities can fully understand the firm’s precise mandate, the scope of its factual inquiry, the terms governing its independence and authority, its reporting obligations, and Cornell’s commitment regarding public release of King & Spalding’s final report.”

Finally, The Sophie Fund is seeking clarification of Cornell’s intentions about releasing King & Spalding’s final report.

The Sophie Fund wrote: “The Special Committee’s statement that it ‘intends to share the results and recommendations’ [italics added] of the review does not, by itself, establish whether the full report will be made public or whether the university will have any role in determining its contents.

“The public’s ability to assess the credibility of an independent review depends not only on the reputation of the law firm retained, but also on the scope of its assignment, the authority it has been given, and the transparency of the process and its findings.”

The Sophie Fund requested a response from the Special Committee by October 26, 2026.