Source: Wolfgang Ballinger/YouTube
July 14, 2016 05:35 PM

A grand jury has indicted a 21-year-old former Cornell University fraternity president arrested four months ago for an alleged sexual assault in a fraternity house bedroom, PEOPLE confirms.

In late February, Wolfgang Ballinger – a resident of Ghent, New York, whose father owns the music venue Webster Hall in New York City – was detained on attempted rape, sexual abuse, and criminal sexual act charges. Soon after his arrest, Cornell suspended him and prohibited him from returning to campus.

While he has consistently denied any wrongdoing, a formal indictment was returned against the onetime president of Psi Upsilon Chi’s chapter at Cornell Thursday morning.

Ballinger was also indicted Thursday on a felony sexual abuse charge, according to his criminal defense attorney, Sarah Wesley.

“We are disappointed, but confident that we will prevail at the eventual trial,” Wesley tells PEOPLE.

The indictment claims Ballinger “subjected another person to sexual contact by forcible compulsion.”

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In May, Ballinger’s attorney filed a motion with New York’s Tompkins County Supreme Court seeking a temporary suspension of Cornell’s ongoing internal investigation into the alleged attack.

The motion, which was obtained by PEOPLE, argues that Cornell’s administrative policies have violated Ballinger’s due process rights by denying him the chance to have a fair hearing because “it does not provide the accused student a fair and reasonable opportunity to defend himself.”

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