Lacrosse players Finnerty, Seligmann allowed back at Duke

Duke University will allow two former lacrosse players accused of sexual assault to return to campus as students in good standing.

The university informed Reade Seligmann and Collin Finnerty in letters dated Jan. 2 that they were welcome to come back to Duke for the coming semester after they had been placed on interim suspension and then administrative leave of absence. The third accused player, David Evans, graduated from Duke last year.

The gesture reflects the university's new stance toward the three former players. After rape charges were dropped in December, Duke President Richard Brodhead issued a statement calling into question Durham District Attorney Mike Nifong's handling of the case and the fact that kidnapping and sexual assault charges remain against the three men.

In a statement today, Brodhead said: "We have decided that the right and fair thing to do is to welcome back Reade Seligmann and Collin Finnerty to resume their studies at Duke for the spring semester. Although the students still face serious charges and larger issues require Duke's collective attention, the circumstances in this case have changed substantially, and it is appropriate that the students have an opportunity to continue their education."

In a news conference this afternoon, Finnerty's attorney, Wade Smith, said: "This announcement speaks to Duke's integrity as an institution, to its mission and to its belief in Collin Finnerty's innocence and that makes us very glad."

It's unclear whether Seligmann and Finnerty will accept Duke's offer to return this semester. The next court hearing in the case is scheduled for Feb. 5.

Larry Moneta, vice president for student affairs, wrote to Seligmann: "As circumstances have evolved in this extraordinary case, we have attempted to balance recognition of the gravity of legal charges with the presumption of your innocence. Now with the approach of a new term, we believe that circumstances warrant that we strike this balance differently."

The letter was released by Seligmann's lawyers.

Duke officials offered the former players academic advising and help with making arrangements for housing, either on or off campus. "Reade, it is my sincere hope that you will choose to return for the spring semester," Moneta wrote. "Please let me know how I may support you during this time."

Moneta explained in a Jan. 2 memo to Brodhead that the two students were placed on an interim suspension when they were indicted. Duke's policy is to remove students whenever they are charged with violent behavior, not as a disciplinary measure or judgment of guilt, but "in recognition of the risks to the community and to the students themselves if they were allowed to remain," Moneta wrote.

The suspension was changed to an administrative leave in late summer, which allowed the former players to finish coursework while not at Duke. Both have completed their work from last spring and are in good academic standing, Moneta said.

The Seligmann family issued a statement thanking Brodhead for his recent comments about the case. "We are also glad that Duke University has now made it clear that Reade is welcome to return to the University and look forward to the day that he can return to living a normal life and continuing his education as a full-time student," the statement said.

"By now it should be plain to any person who has any objectivity that the charges against Reade are transparently false," the statement continued. "Reade is absolutely innocent and we will continue to fight this injustice. We are not going to rest until Reade's good name has been cleared and those who have been responsible for this injustice have been held fully accountable."

Staff writers Joseph Neff and Benjamin Niolet contributed to this report.