Hawthorn Racism Investigation

At the end of May, the AFLPA released a statement regarding the conclusion of the Hawthorn racism investigation. The statement expressed disappointment, saying that despite the panel's independence, the AFL stilt had control and called the investigation "flawed". They reiterated their support for all those impacted and any future legal action those involved might take. It said in part, "As an industry, we have legal and moral duties to our players – past, present, and future – to ensure they are physically, mentally, and culturally safe and respected ... The allegations raised .... .were extremely serious and disturbing in nature and required an independent, wide-ranging, well-resourced and culturally safe process. The AFLPA had serious concerns with the AFL’s process from the outset. We raised those concerns with the AFL formally, and made our views known publicly ... Our industry must get better at preventing and responding to racism and other fundamental human rights concerns."

The AFL has dismissed the independent panel which was formed to investigate the racism allegations against Hawthorn, former coach Alastair Clarkson, former assistant coach Chris Fagan, and welfare officer Jason Burt. The conclusion, called "imperfect" by AFL CEO Gil McLachlan, was that none of the three had anything to answer for.

All three have denied the allegations since the outset. The complainants, who initially supported the probe, no longer wish to take part in the independent investigation and they won't pursue any further legal action against the AFL. Although the panel has been disbanded, it does not preclude the league bringing future charges against the club. McLachlan said the AFL would move as quickly as possible to finalize whether any charges would be levelled against Hawthorn.

Alastair Clarkson has temporarily stepped down from his coaching role at North Melbourne. There were unconfirmed reports that he was acting erratically in the lead up to his decision. The final straw was a withering half-time address to the North players during the Round Nine match against Port Adelaide. Reportedly, even a chair was thrown against a wall.

During a recent conference, Clarkson was very critical of his former club Hawthorn and the AFL over the racism investigations and the lack of progress being made. He called for Hawthorn to be investigated for the club's "shameful" handling of its report and said that reputations had been "scarred" as a result of the long-running process. He said the game was a "victim" of the ongoing independent investigation, which was commissioned by the AFL in October.

Despite the fact that the AFL has appointed an independent panel to investigate the racism allegation against Hawthorn, the indigenous families involved are still wary of participating in the investigations. Some of the families involved wrote an open letter to the AFL, requesting the league admit its failings in dealing with the issue of racism. The allegations focus on a period between 2008 and 2016. The letter continued, "We have decided to participate in the AFL Independent Investigation on the basis that the AFL is also committed to independently look at its own failings, and promises to all First Nations families it will do better as a result ... the issue of racism in the AFL cannot be dealt with by a narrowly targeted investigation on a club-by-club, or crisis-by-crisis, basis. We want the AFL to take a good hard look at itself and how it has dealt with racism in the past. Not because we want to trawl over 100 years of neglect, or conduct a witch-hunt or to bring legal claims, but because we want the AFL to be a safer place for our children."

In early October, the AFL finally appointed their four person panel to investigate the racism allegations against Hawthorn, the then coach Alastair Clarkson and assistant Chris Fagan. Attorney Bernard Quinn, KC [King's Counsel], will head the panel and be joined by experienced barristers Jacqualyn Turfrey, Julie Buxton, and Tim Goodwin. Quinn has experience in commercial, public law and product liability law and extensive experience with class action suits. He was involved with the investigations in the Black Saturday bush fires. He also served as an associate to a justice in the High Court.

Jacqualyn Turfrey, Barrister, has extensive experience in multiple areas in commercial law and criminal law. She also worked in family and children's courts. She is an accredited mediator with experience in workplace disputes, community disputes, commercial disputes, and children's matters.  Ms Turfrey is a proud Palawa woman (Tasmania). Tim Goodwin, Barrister, specializes in commercial and public law with experience across commercial law, administrative law, government advice work, regulatory actions, and native title and land rights work.  He has experience in federal court and serves on a number of boards including the Human Rights Law Center.  He is a member of the Yuin people of the South East Coast of New South Wales.

After the racism allegations against Alastair Clarkson and Chris Fagan became public, the AFL said a four member panel would be appointed to investigate further. However, those allegedly affected by the alleged abuse said they were leery of giving their stories again to the AFL because of the way such issues have been handled in the past, or not handled at all. Age reporter Caroline Wilson said, “There’s genuine despair ... that it’s taken over a week already, and ... the aggrieved families who gave evidence in the Phillip Egan review (the Hawthorn club review which started it all) ... were still not over the line as agreeing to the process. They ... have been saying they want an independent judicial enquiry ... these people gave their evidence, are unwilling to do so again in an environment they don’t trust.”

Both Clarkson and Fagan have denied the allegations, with Clarkson saying he was never interviewed at the time of the initial review. Fagan has said he will cooperate with the new round of investigations. Both coaches are believed to have hired attorneys.

Source: sen.com.au, news.com.au

Newly appointed North Melbourne coach Alastair Clarkson and Brisbane Coach Chris Fagan have become embroiled in very serious allegations stemming from their time together at Hawthorn. It began with an external review commissioned by the club to better understand the indigenous people, referred to as First Nations players, and their experiences at the club. The review led to the allegations being made and the club referring everything to the AFL Integrity Unit. Several of the involved players were interviewed and their stories - and those of their partners, paint a completely different picture of the "family club". The story was made public by the ABC which brought to light the treatment of the young players at the hands of the coaches and club officials.

Three players and their partners told their stories but had their names changed for the publication. The families allege that players were told to part ways with their partners, even though the women were pregnant, were forced to move out of their homes. Their partners were allegedly told to terminate unborn children. The families say the players had the SIM cards removed from their phones to further separate them from family. Essentially, they were told football came first and that was to be their primary focus. In many cases, they were bullied into choosing the club and those involved had no compassion for the players or their families. [Ed. note: the ABC has stated that Clarkson and Fagan were given multiple opportunities to respond before the allegations were made public.]