Hawthorn racism scandal: No adverse findings against Alastair Clarkson, Chris Fagan and Jason Burt in the AFL’s independent investigation

The four First Nations families involved in the Hawthorn racism investigation are destined for the Australian Human Rights Commission. See how the process will play out and what’s next for all parties.

The four First Nations families involved in the Hawthorn racism investigation are destined for the Australian Human Rights Commission after the AFL’s independent panel probe was wound up on Tuesday.

The families have agreed there will be no adverse finding against the AFL and current senior coaches Alastair Clarkson, Chris Fagan and former Hawthorn welfare manager Jason Burt.

They also agreed they wouldn’t make any claims against the AFL.

The four families are almost certain to join two other First Nations families in pursuing a hearing in the Human Rights Commission, with the process expected to start this week.

That will involve compulsory mediation between the families and Clarkson, Fagan and Burt, who have all denied any wrongdoing.

Alastair Clarkson and Chris Fagan during their time at Hawthorn together. Picture: Michael Willson/AFL Media

And if conciliation can’t be reached, the families can sue for discrimination in the Federal Court.

The entire process from now could drag on for more than two years.

League chief executive Gillon McLachlan said that families are free to pursue whatever action they should wish in the courts.

“We support all parties doing what they want to do from here,” McLachlan said.

“We would be supportive of any action individuals would want to take moving forward.”

The league announced on Tuesday evening that “no adverse findings have been made in the independent investigation against any of the individuals against whom allegations have been made”.

McLachlan described it as “an imperfect resolution” and stressed “there is no financial component to this”.

McLachlan said any potential charge against Hawthorn would be the decision of the league’s counsel and the commission and could include rules under conduct unbecoming or bringing the league into disrepute.

“That will be something that is done in a reasonably expeditious manner,” he said.

Former Hawthorn president Jeff Kennett said late on Tuesday night: “I am profoundly disappointed at the comments by the AFL CEO tonight that they are contemplating taking action against the Hawthorn Football Club,” he said.

The AFL said that all six complainants that had taken part in the investigation “wish to resolve all differences with the AFL”.

“As a result of this agreement, the complainants do not wish to pursue the independent panel investigation, which they wholeheartedly supported, or make any claims against the AFL in any other process (including the AHRC) or Court in relation to their allegations,” the league said in a statement.

The league’s panel was terminated “with the consent of the complainants with no charges to be brought against any person subject to the AFL Rules as a result of the independent investigation.”

AFL CEO Gillon McLachlan spoke to the media on Tuesday night. Picture: Quinn Rooney/Getty Images

The saga stems back to grand final week last year where details of Hawthorn’s cultural safety report emerged, with players and partners levelling harrowing allegations at Clarkson, Fagan and Burt.

The league’s investigation did not examine the most damning claims of forced separation of families or an allegation that a player’s partner was pressured to have an abortion, as the players and families involved elected not to be part of the AFL’s independent panel examination.

McLachlan said if he had his time again in managing the saga, “there’s pieces here and there that you could do” differently.

But he said that ultimately, complainants “feel heard”.

“In the end, from where we were, I feel as difficult and imperfect as it is, it’s a situation that brought this thing to a head,” McLachlan said.

The league acknowledged that complainants feel “hurt, pain and anguish following their time at the Hawthorn FC”.

“The Parties acknowledge that the manner in which their allegations were leaked to the media was not in any party’s best interests,” it said.

“The Complainants acknowledge that the Independent Panel established by the AFL was a positive and constructive process for their allegations to be fully and fairly investigated in a culturally safe way and that they have only agreed to the termination of that process because of this agreement.”

It also made a number of commitments around ongoing training and greater diversity across the industry.

Originally published as Hawthorn racism scandal: No adverse findings against Alastair Clarkson, Chris Fagan and Jason Burt in the AFL’s independent investigation