AFLPA CEO Paul Marsh fears that players will hesitate to speak up in the future following Hawthorn investigation

AFLPA CEO Paul Marsh has lashed the league’s investigation into Hawthorn, fearing the process will make players hesitant to speak up in the future.

Hawks president Andy Gowers. Picture: Getty Images

The AFL Players’ Association has lashed the league’s investigation into historical claims of racism at Hawthorn, slamming the process as “flawed” and raised fears that players will hesitate to speak up in the future.

The league reached an “imperfect resolution” with four families involved on Tuesday night, while a number of other First Nations families who levelled serious and detailed allegations at former Hawthorn staff members in a cultural review commissioned by the club in 2022 had declined to partake in the AFL process.

Players’ Association chief executive Paul Marsh said on Wednesday evening that the nature of the allegations at hand – which he described as “extremely serious and disturbing” – had required a better process and admonished its handling.

AFLPA CEO Paul Marsh has lashed the league’s investigation. (AAP Image/James Ross)

“The allegations … required an independent, wide-ranging, well-resourced and culturally safe process,” he said.

“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.

“While acknowledging the complexity of this issue, in our view, the investigation process was flawed. The investigative process was not truly independent of the AFL, as the AFL retained, and ultimately exercised, their extensive rights and controls. There was also a lack of clarity for participants as to the process and potential remedies.”

Marsh affirmed that the entire industry had to improve in “preventing and responding to racism and other fundamental human rights concerns” and that there was a duty for all to “ensure this does not happen again”.

Players have proposed a Human Rights Policy and Framework amid the ongoing collective bargaining agreement negotiations.

“The AFLPA’s Human Rights Steering Committee and Indigenous Advisory Board will play an active role in informing our ongoing work in these areas and we believe our industry has an opportunity to work more closely together to address these human rights issues for the betterment of the industry and our people moving forward,” Marsh said.

“Until this work is done, we hold considerable fears that players and other members of our industry who suffer racism, sexism or other forms of exclusion or discrimination will be hesitant to raise concerns or share their experiences.”

The AFL made a number of commitments as part of its settlement with the families, which Marsh said players had asked for clarity on including a timeline, process and plan.

When will Clarko return? North speak out after AFL findings

Alastair Clarkson will remain on leave for the near future in the wake of the league’s resolution with four families at the centre of the Hawthorn racism review.

The now North Melbourne coach – who had serious allegations levelled at him from his time as coach at the Hawks in a cultural safety report commissioned by Hawthorn last year – stepped away from the Kangaroos earlier this month given the mental and physical toll of the saga.

North Melbourne president Sonja Hood confirmed on Wednesday that his absence would continue.

“The past eight months have taken a huge toll on Alastair and he has been remarkably stoic,” Dr Hood wrote in a letter to members.

“He has remained loyal to the process throughout despite having been denied natural justice for so long.

“For now, he will remain away from the club as he looks to get his own physical and mental health in order. We’re happy for him to take as much time away as he feels is necessary.

“We’ll continue to support him and our players and staff while he’s away. (Football boss) Todd Viney, (interim coach) Brett Ratten and our entire football department will continue implementing Alastair’s plan.

“Everyone misses Clarko – but rest assured, the club is in great shape and we are able to give him all the time he needs to get his health right.”

The Roos confirmed Clarkson will remain on leave for the near future. (Photo by Quinn Rooney/Getty Images)

Clarkson – who hit out at the investigation process earlier this month – has made no public comment since the league announced its deal with four of the families on Tuesday night.

No adverse finding was made against Clarkson or former colleagues Chris Fagan and Jason Burt after the “imperfect resolution” dissolved the investigation panel.

Dr Hood welcomed the news but took note of “the harm this process has caused to all involved”. “Last night’s (AFL) statement spoke of the considerable distress caused by the way the story became public, compounding the hurt that First Nations families felt from their time at Hawthorn,” she wrote.

“The past few months have been really tough on everyone – those named publicly and the many who were part of the investigation.”

The president said the Kangaroos recognised that “the game is still not always a safe place for First Nations People.

“In fact, our whole country is facing into an important period of listening and understanding of our shared history,” Dr Hood wrote.

“As a club, we are committed to playing our role and we support the strategic and governance recommendations laid out by the AFL in yesterday’s release.”

Clarkson’s manager James Henderson thanked the club for its “care and support”.

“He is relieved that this investigation is over with no findings against him,” Henderson said.

“His wellbeing remains his priority and we will not be making any public comment at this time.”

Gowers: Hawks had ‘best of intentions’ with cultural review

Hawthorn president Andy Gowers says the club would be “extremely disappointed” if the club’s attempt at a cultural safety review leads to significant AFL penalties.

The league’s resolution reached with four families at the centre of the saga on Tuesday night allowed for further action to be pursued against Hawthorn, by both headquarters and the complainants alike.

League chief executive Gillon McLachlan said he expected any penalties against the Hawks – which could fall under rules of conduct unbecoming or bringing the league into disrepute – to occur in an “expeditious” manner.

But Gowers said he remained hopeful that the club could escape without charge.

“There are a number of discussions ongoing with the AFL,” he said on Wednesday morning.

“Of course, we’d be extremely disappointed if this matter led to sanctions, including financial. But what I would say is we went into this process with the best of intention.

“I don’t think anybody is questioning that.”

Hawks President Andy Gowers speaks to the media at Waverley Park on Wednesday. (Photo by Robert Cianflone/Getty Images)

Gowers said he would not rule out an apology to First Nations players in the future, nor the prospect of financial compensation.

Former president Jeff Kennett said on Wednesday that he had written to AFL commissioners to urge them not to pursue action against the club.

“Jeff is a former president of the club, and we’re dealing with this matter internally,” was Gowers’ response.

Gowers said he remained committed to reconciliation between all parties after what he described as an “extraordinarily complex” set of circumstances.

“It may not be easy, but it is our job as a club to work at it and make that happen. Our door will always be open to each and every one of them,” he said.

Under rule 1.6 the Hawks could be charged with engaging in conduct that is “unbecoming or likely to prejudice the interests or reputation of the Australian Football League or to bring the game of football into disrepute”.

In 2013 the AFL kicked Essendon out of finals, fined the club $2 million and stripped the club of early draft picks in the next two drafts under that rule. The Binmada review was commissioned by the Hawks board in April last year after favourite son Cyril Rioli and wife Shannyn made claims of racial incidents at the club.

Originally published as AFLPA CEO Paul Marsh fears that players will hesitate to speak up in the future following Hawthorn investigation