Student v. Student: Cocchiarella v. Kim

Introduction

Earlier this month, former Dartmouth student Jack Cocchiarrella filed a civil lawsuit against current Dartmouth sophomore Nate Kim ’25 for defamation. The complaint, which is over 50 pages long, alleges that Kim, through multiple anonymous Twitter accounts, propagated a smear campaign against Cocchiarella—a rising Democratic digital activist—by accusing him of sexual violence and serial rape. The legal filing follows almost a year of campus-wide rumors and speculation, largely fueled by the once-popular anonymous social media application, Librex, which was decommissioned in February 2022. The story remains largely unsolved; however, recent events add color to a case that navigates the realms of sexual assault, rumors, anonymity, due process, and the rights of the accused.

Prelude

The saga began last October at a College Republicans event entitled “The Future of the Republican Party,” which welcomed Congressman Madison Cawthorn (R-NC), then-GOP primary candidate and current NH-1 nominee Karoline Leavitt (R-NH), and Republican political strategist Alex Bruesewitz to campus. The discussion’s lead-up attracted considerable controversy on campus, as left-wing activists destroyed posters, circulated defamatory fliers about the speakers, and physically intimidated College Republicans members, as reported by The Review. Outside the venue, attendees were met with shouting and chants by protestors, and during the event, several students abruptly walked out. Notably during the Q&A segment, as a peer filmed, Cocchiarella rose from his seat to vocally condemn Cawthorn for his 2020 election denial and perceived role in the Capitol riots on January 6, 2021. The clip was uploaded to Cocchiarella’s Twitter account, went viral, and was re-circulated by news outlets including CNN. Later that night, anonymous posts surfaced on Librex vaguely accusing Cocchiarella of sexual assault. 

The Legal Team

After rumors proliferated over the app and impacted his on-campus reputation, Cocchiarella left Dartmouth and transferred to Columbia University. He has assembled a team of lawyers from across the country, which includes sexual misconduct defense specialists. The New Hampshire faction of his team is represented by Kevin Collimore of the Nashua-based Cullen Collimore law firm. He is also being represented by Kristinia Supler, Nathan Studeny, and Susan Stone—partners of the Ohio-based Kohrman, Jackson, and Krantz law firm. Both Supler and Stone specialize in Title IX and sexual misconduct cases. Studeny specializes in corporate law.

The Complaint

The complaint was formally filed by Cocchiarella and “Politically Correct Strategies, LLC.,” his political consulting company that supports Democratic campaigns. Beyond alleging defamation and harassment following the College Republicans’ Fall 2021 event, the briefing also claims that Kim’s actions damaged Politically Correct Strategies’ reputation and future business opportunities.

According to the complaint, Kim allegedly operated two anonymous Twitter accounts under the handles “@stoprapists101” and “@aplopl3x,” in addition to his personal account. The plaintiffs allege that Kim used these anonymous identities to publish and spread falsehoods about Cocchiarella. A considerable portion of the legal briefing is dedicated to documenting the numerous Twitter posts and interactions from Kim’s alleged accounts, which began in November 2022 and repeatedly accused Cocchiarella of rape and sexual harassment until very recently. 

The complaint proceeds to allege that Kim was aware that the allegations were potentially false. It documents tweets from the anonymous accounts which acknowledged there is a “lack of hard evidence” to substantiate the claims, and that “it is not unheard of for females to lie about [sexual assualt.]” In one post, an allegedly anonymous Kim said he could not be “100% sure” of the truth of his allegations. Cocchiarella’s team also highlights inconsistencies in posts from the anonymous accounts. For example, one post claims Cocchiarella assaulted six women, and another post claims he assaulted eight.

Evidence (Or Lack Thereof)

Despite rumors about Cochiarella being widely known to campus and social media for almost a year, concrete evidence, victim reports, and sources—including anonymous ones—remain scarce. Here, The Review will present what currently is known to the public, while affirming every individual’s right to due process. 

As mentioned, the vast majority of allegations against the plaintiff occurred over the anonymous social media app, Librex, and began after the “Future of the Republican Party” event. The overwhelming majority of anonymous claims were vague, but some were written in the first-person and detailed graphic accounts. However, their authenticity cannot be confirmed, and all Librex user data was scrubbed in February alongside the app’s closure, according to the court briefing. 

In July, awareness of the anonymous allegations beyond campus grew after Dartmouth alumnus Misha Fitton ‘17, who is an organizer for Gov. Ron DeSantis (R-FL), posted a lengthy now-deleted Twitter thread publicizing the anonymous, unverified sexual assault allegations against Cocchiarella from Librex. The Review reached out to Fitton to understand his decision to get involved and whether he also anticipates legal repercussions, but did not receive a reply. The thread included both original Librex screenshots from months prior, as well as a plea to any alleged victims to anonymously come forward and provide their accounts to Damien Fisher, a reporter for the statewide NH Journal.

In August, Fisher published an article on the matter, which included an anonymous source who purportedly provided documentation about a Title IX report she made against Cocchiarella for alleged inappropriate touching on numerous occasions. However, in the legal complaint, Cocchiarella’s team asserts that he has “never been criminally investigated” and “never been the subject of a Title IX investigation.” At the end of the introduction, the plaintiffs state that “on August 1, 2022, Dartmouth’s Title IX Coordinator issued an email to a prospective business associate of Jack confirming that Cocchiarella had never been subject to an investigation by Dartmouth’s Title IX Office.” A probable reason for this discrepancy is due to Title IX procedures, which allow students to file separation orders against other students without initiating, and at a lower scrutiny standard than, a formal investigation.

In turn, more than a year after the initial episode, not one anonymous source has come forward through an official channel beyond Librex to corroborate the severe accusations of sexual violence and serial rape against Cocchiarella. That is especially concerning given the high number of anonymous allegations about allegations—yes, you read that correctly. Regardless of one’s political persuasions, every individual—Republican or Democrat—has the right to due process. While the court of public opinion is often unanimous, the lack of concrete evidence against the most serious allegations should compel individuals to approach the matter with caution. 

Proceedings

The lawsuit seeks monetary restitution from Kim on four accounts—“defamation,” “intentional infliction of emotional distress,” “invasion of privacy,” and “tortious interference with economic relationship”—amounting to a hefty sum of $300,000. Also noteworthy in this case is that only one student is being legally pursued, when countless others spread similar anonymous claims on Librex. This element of the story draws attention to broader concerns surrounding the nature of online anonymity and the ability to post without attribution.

To date, Kim has yet to file an official response to the claim, but has acquired legal defense. The Review reached out to Kim’s primary attorney, Benjamin King of Concord-based Douglas, Leonard & Garvey, P.C., for comment on behalf of his client, but did not receive a reply. The Review also reached out to Cochiarella’s primary attorney, Kevin Collimore, but did not receive a reply. 

Conclusion

As an undergraduate publication without law school contributors, The Review is not equipped, at the moment, to provide legal analysis without further expert consultation. Many elements of the case remain unknown, but in the court of public opinion, that fact is often irrelevant. On campus, sexual violence is an extremely sensitive and polarizing issue. In this case, perhaps the best course of action is to reflect on what we do know—and also acknowledge what we do not.