PROVO — A courier carrying the sealed official school transcripts of BYU football player Marcus Whalen is expected to deliver the papers to Southern Utah University today. But SUU's ability to enroll Whalen is up in the air until BYU decides if it will let Whalen go under clear or cloudy skies.
On Wednesday, BYU officials described Whalen's honor code review as "incomplete."
Whalen, whom BYU suspended in 2001, is under investigation by the school and police for allegations that he, teammate Breyon Jones and a third man beat up and took money from a mutual acquaintance named Yussufu Nsabimana in an argument over money on April 14.
The alleged assaults, according to Nsabimana's attorney, James Driessen, took place at Jones' apartment and later at Nsabimana's apartment. Nsabimana says he and the three others had been drinking. Nsabimana was treated at Utah Valley Regional Medical Center after the altercation, according to Driessen. Whalen denies he assaulted Nsabimana, according to family and friends.
On Wednesday, Driessen said he had not seen the police report of the incident.
Provo city spokesman Mike Mower said Wednesday a report of the incident has not and would not be made public. A 40-plus page investigative report on the April 14 incident is in the hands of the Utah County Attorney's Office. On Wednesday, prosecutors had not finished reviewing the report. No charges have been filed in connection with Nsabimana's allegations.
Assistant county attorney Tim Taylor said the prosecutor's office would not reach a decision whether to file charges until Monday.
Whalen's transfer status has been on hold until BYU determines what kind of standing Whalen should leave the university with on his NCAA transfer papers. A "good standing" enables Whalen to apply for admission to Southern Utah and play football this fall. If the opposite occurs, NCAA regulations require Whalen to sit out one year after making a transfer. Whalen, who has one year to play his final year of eligibility, would be unable to play college football if he left without a "good standing" designation in Provo.
There is a precedent for BYU issuing a football player, judged guilty of honor code violations, a clean slate during a transfer. It occurred in the late 1990s when running back Ronney Jenkins ended up playing his junior year at Northern Arizona.
SUU has already worked on admission forms for Whalen online in anticipation BYU confirms his transfer and eligibility, according to Whalen's mother, Christina Whalen.
Whalen officially withdrew from BYU last week during a review process by the Honor Code Committee. On Monday, BYU informed Whalen officially by letter he would be suspended from school until January 2005, according to Christina Whalen. The letter came four days after Whalen withdrew from school.
BYU officials refuse to discuss personal records of student athletes unless a player signs a release from federal privacy laws.
E-mail: dharmon@desnews.com
Utah County Bureau chief Tad Walch contributed to this story.