Collin Finnerty and Reade Seligmann will not be on campus when classes begin today, and it is unlikely they will return for the spring semester, a number of sources close to the situation confirmed Tuesday.
University officials decided to reinstate the two early last week. The offer-which came nearly two weeks after rape charges against all three indicted members of the 2005-2006 men's lacrosse team were dropped-could allow Finnerty and Seligmann to graduate with their class and make them eligible for the upcoming lacrosse season.
Larry Moneta, vice president for student affairs, said family members of the players have said Finnerty and Seligmann will not return to Duke until charges against them of kidnapping and sexual offense have been resolved.
"I have heard that Collin is pretty likely to wait," Moneta said. "I think Reade is leaning in the same direction, but I have received no confirmation."
Finnerty's father, Kevin Finnerty, said Tuesday he could not confirm any plans. "He is considering all options but nothing until we resolve the charges," Kevin Finnerty said.
Speculation is that Finnerty will work this spring, study abroad in the fall and return to Duke to play lacrosse in Spring 2008.
Kevin Finnerty said his family is "pleased about the reinstatement" but must direct its attention to legal matters for the time being.
"Collin's view is that he can't reinstate at school until the proceedings are over," Kevin Finnerty said. "If things get dropped... I think there is a good chance he might be back."
Seligmann was not available to speak about whether he will re-enroll at Duke, but he has expressed a desire to return to campus eventually.
"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 Seligmann family said in a Jan. 3 statement. "By now it should be plain to any person who has any objectivity that the charges against Reade are transparently false."
Durham District Attorney Mike Nifong dropped rape charges Dec. 22 against Finnerty, Seligmann and David Evans, who graduated with his class last May. All three indicted players still face charges of kidnapping and sexual offense.
Assault charges against Finnerty, who was sentenced to six months probation in July in connection with a November 2005 attack on two bar patrons, were recently dismissed.
Administrators attributed Finnerty's and Seligmann's reinstatements to recent shifts in the tide of the case.
"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," President Richard Brodhead said in a statement. "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 memo to Brodhead Jan. 2, Moneta said that although the charges against the two are still unresolved and very serious, the "totality of circumstances" has changed in such a way that the University now feels the two should have the chance to resume as students in good standing.
"As circumstances have evolved, we have attempted to balance recognition of the gravity of legal charges with the presumption of innocence, and concern for the well-being of the community with the students' needs to continue their education," Moneta said in the report. "Circumstances have clearly changed. At this point, further extension of the students' leaves would do unwarranted harm to their educational progress."
Should they ultimately choose to return this semester, Finnerty and Seligmann would be eligible to compete for the Blue Devils this spring, members of the Department of Athletics confirmed last month.
"There would be no question as to their eligibility," said Chris Kennedy, senior associate director of athletics.
After their interim suspension ended this past August, Finnerty and Seligmann were placed on administrative leave until they were reinstated.
Throughout the ongoing legal case, men's lacrosse head coach John Danowski has maintained his stance that the indicted underclassmen would be eagerly welcomed back to the team once they were reinstated to the University. He reiterated his desire for the players to return in an interview with The Chronicle last month.
Though the complete schedule has not been released, Duke begins its 2007 campaign at home against Dartmouth Feb. 24.
Greg Beaton and Ryan McCartney contributed to this story.
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