Duke Reinstates Embattled Lacrosse Players

DURHAM, N.C., Jan. 3, 2007 — -- Suspended Duke University lacrosse players Colin Finnerty and Reade Seligmann have been invited to return to the school as students.

The invitation comes more than a week after the Durham district attorney dropped rape charges against them and David Evans, and a full semester after the pair were placed on administrative leave pending the outcome of the rape and kidnapping charges against them.

The university made the invitation today in letters sent Tuesday to the two young men and their families. Finnerty attorney Wade Smith said in a press conference today that he does not know whether his client will return to the school while any charges remain pending.

"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," Duke officials wrote to the Seligmann family in a letter obtained by ABC News Law & Justice Unit.

"Now with the approach of a new term, we believe that circumstances warrant that we strike this balance differently. At this point, continued extension of the administrative leave would do unwarranted harm to your educational progress. We decided … to lift the administrative leave," the letter stated.

"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," Duke University president Richard Brodhead said in a statement released today.

"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."

Durham District Attorney Mike Nifong dropped the rape charges against the men after an investigator interviewed the alleged victim last month and learned that she couldn't say with certainty that she'd been raped.

Rape is defined in North Carolina as the penetration of the female sexual organ by the male sexual organ. Nifong said last month that he would continue to pursue felony kidnapping and sexual offense charges against the men.

Mary Ellen Finnerty, Colin's mother, declined to comment, but the Seligmanns seemed to indicate in a family statement that they would pursue civil actions against the accuser and possibly against District Attorney Nifong.