By Bill Koch
The Cincinnati Enquirer

Junior-college center Robert Whaley will not be part of the University of Cincinnati basketball program until the felony charges brought against him Tuesday in Barton County, Kan., are resolved.

If he's convicted of the aggravated battery charges, he'll be permanently dismissed from the UC athletic department before he ever puts on a UC uniform.

UC spokesman Tom Hathaway said Wednesday that athletic director Bob Goin considers incoming recruits subject to the athletic department policy regarding felony charges.

According to that policy, Hathaway said, "Anyone charged with a felony is suspended from all activity in his or her sport until the charges have gone through the legal process.

"Anyone convicted of a felony charge is permanently dismissed from the program."

Goin, contacted Wednesday at the groundbreaking ceremony for UC's Varsity Village project, said he wasn't aware of the charges and declined comment until he knew more.

UC basketball coach Bob Huggins also declined comment.

Whaley was arrested Tuesday and charged with two felony counts of aggravated battery in connection with an incident that occurred early on Feb. 9 in Barton County after a basketball homecoming game against Garden City Community College.

"We had a couple of people from Garden City Community College who were assaulted after a dance," said Gary Vaughan, Barton County undersheriff. "Mr. Whaley was identified as one of the people doing the assaulting. We may have other arrests coming."

Whaley was arrested on the Barton County Community College campus just outside Great Bend and was jailed before a $10,000 bond was posted Tuesday night.

Whaley, a 6-foot-10 sophomore center and two-time junior-college All-American, averaged 16.9 points and 7.7 rebounds last season.

He signed a letter of intent with UC last fall and is considered the centerpiece of Huggins' incoming recruiting class.

According to Vaughan, two Garden City students were hospitalized after the incident.

"It was kind of a brawl," Vaughan said.

If Whaley pleads not guilty at his May 19 arraignment, a preliminary hearing will be held to determine if there's enough evidence to warrant a jury trial.

Vaughan said the police report indicated that the leg of a chair or something resembling a baseball bat was used in the assault.

Ryan Wolf, the Barton County coach, did not return phone calls from the Enquirer on Wednesday. Dr. Veldon Law could not be reached for comment, but Law told the Great Bend (Kan.) Tribune that he wasn't surprised by the charges.

"It's sad a young man like this has gotten into this situation," Law told the paper. "It is regrettable that young people make these kinds of choices."

E-mail bkoch@enquirer.com