INDIANA NEWS

Notre Dame tight end Will Yeatman's status with the football team remains unchanged after the prosecutor's office announced he will be sentenced on a previous drunken driving charge following his arrest Sept. 21 on a charge of being a minor consuming alcohol.

"It's still pending," coach Charlie Weis said.

Weis said legally he couldn't say much else about Yeatman because of privacy laws. At Notre Dame, university officials, not coaches, decide what action the school will take in such cases.

Notre Dame spokesman Dennis Brown said Wednesday that when the university receives reports of possible violations of the school's behavior policies "we will act upon it by calling a student to a hearing to gather facts to determine if such a violation occurred."

In January 2007, Irish basketball player Kyle McAlarney was suspended from school for a semester following his arrest on a marijuana possession charge. He returned to school and played for Notre Dame last season.

Yeatman continues to practice with the Irish. Weis said if Yeatman were cleared, he'd be ready to play immediately.

Yeatman, a 20-year-old junior, was one of 37 people arrested at an off-campus party on Sept. 21 on preliminary charges of being minors consuming alcohol.

Weis said he felt bad for all those involved.

The St. Joseph County prosecutor's office on Wednesday announced it had been sent letters offering to allow those arrested to take part in a diversion program.

Those who take part will pay user fees and may be required to perform community service, participate in an alcohol use evaluation, and follow through with any educational program determined to be appropriate. If they choose not to participate in the diversion program, or fail to respond to the letter sent by the prosecutor's office, the reports will be referred for formal charging.

But Yeatman faces an additional penalty because he pleaded guilty to drunken driving and reckless driving in February as part of a plea agreement that called for him to stay out of trouble for a year. Because of his Sept. 21 arrest, he now faces possible jail time.

Under Indiana sentencing statutes, he can't be sentenced on both charges because they stem from a single criminal "episode," even though he pleaded guilty to both, said Catherine Wilson, St. Joseph County prosecutor's office spokeswoman. He will be sentenced on the drunken driving charge, which carries a maximum of up to 60 days in jail. She previously had said he faced up to 180 days in jail.

A sentencing date has not been set.