AFL Racism scandal: Brisbane set to lock in coach Chris Fagan’s return
Brisbane will welcome Chris Fagan back into the fold ahead of its players returning to training as the AFL outlines the terms of reference around its investigation into racism allegations.
AFL
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Brisbane’s board will approve Chris Fagan’s return to the Lions at a Tuesday meeting as doubts linger about whether Hawthorn’s First Nations players will testify over racism allegations.
The Lions are keen to get Fagan back to the club well before the first to four year players return to training in the last week of November after his own leave of absence from Brisbane.
Lions football boss Danny Daly told the Herald Sun earlier this month Brisbane was keen for Fagan to have a break and then return after a period where he consulted with his lawyers on the allegations.
The Roos also expect Alastair Clarkson to commence on November 1 after they had initially delayed his official start date with the club.
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It is understood more Hawthorn First Nations families or individuals are considering whether to be part of the testimony after 17 families were initially interviewed for the Hawks review.
Those parties are believed to be seeking representation as the families set about securing a commitment from the AFL to have their legal costs covered before they decide to testify.
Dr Judy Courtin, the lawyer representing the families, told ABC Sport she wasn’t sure yet they would be prepared to front the investigation.
“My clients are still very traumatised and they are not in a position to make a final decision about which pathway they may take,“ Dr Judy Courtin she said.
“But this AFL inquiry is one of several options for my clients. This whole inquiry from the beginning through to any possible sanctions is underpinned and guided by the AFL rules.
“And in many ways the AFL rules are a bit like the AFL’s Canon Law, like the Church has Canon Law, its own system. (The families) are feeling really crushed by this process.”
GILL WEIGHS IN ON CLARKO, FAGAN RETURNS
—Lauren Wood
League boss Gillon McLachlan says senior coaches Alastair Clarkson and Chris Fagan will return to their posts “when the time is right”, which could be “in days or weeks” as the Hawthorn investigation swings into action.
The terms of reference for the investigation were finalised and released on Thursday, which could pave the way for both coaches to resume their positions, and in Clarkson’s case, start.
Clarkson has travelled to Scotland to spend a week with Celtic manager and fellow Australian coach Ange Postecoglou, on a professional development mission ahead of his proposed start date at Arden Street on November 1.
That date had been set to be delayed pending the investigation into allegations surrounding his time at the helm of Hawthorn, but Kangaroos president Dr Sonja Hood said last week she was hopeful he would start on that date in less than a fortnight.
McLachlan said that Fagan — who had taken a leave of absence from Brisbane amid the explosive allegations — was on holidays but that the pair could be back at work imminently.
“There’s also a reality in our community, in our country and certainly in our game that there’s a presumption of innocence,” he said on Thursday.
“They’re employed by those clubs, we’ve been partner to the conversations.
“I think at some point they will return to work. There’ve been grown-up discussions and the right communication process will be in play for that.”
Hood said last week that she had been taking an “active role” in discussions regarding the Kangaroos’ coach’s start date.
Former Hawthorn football department staffer Jason Burt is also named in harrowing allegations in the cultural safety report commissioned by the club, and will take part in the panel’s process to further deny the claims levelled.
Both Clarkson and Fagan have denied any wrongdoing and have made their wish to defend themselves at the earliest opportunity clear.
McLachlan said “when the time is right, they’ll return” to work.
“Whether that’s in days or weeks, we’ll keep communicating,” he said.
“They need to come back to a safe environment, and we’ll work through that with the clubs and the individuals.
“I think that we just continue to communicate and they’ll return at the right time.”
HAWKS RACISM TERMS SET AS PANEL CALLS FOR WITNESSES
The AFL’s “independent” investigation into allegations of racism at Hawthorn is a step closer to a start date – and although it remains unclear whether all the complainants will take part, the AFL has confirmed the investigation will go ahead regardless.
Under the agreed terms, Hawthorn and the AFL Players’ Association will be required to contact all listed Hawks players from 2008 to 2016 in a callout to any person “potentially affected by or interested by this investigation”.
The terms have also extended an invitation to any former Hawthorn player, family members, intimate partners or close friends to contact the investigators if they “wish to draw information to the attention of the investigation panel.”
It comes as the league continues to encourage the legal representatives of the First Nations families that have levelled the allegations to “engage in the process as soon as possible”.
League chief executive Gillon McLachlan said on Thursday the move could pave the way for the immediate return to work of Brisbane coach Chris Fagan and new North Melbourne coach Alastair Clarkson who took leave when the allegations first surfaced.
Clarkson’s start date at North Melbourne had been set for November 1 but pushed back pending the investigation, while McLachlan said that Fagan was away on holidays.
“Whether that’s (a return) in days or weeks, we’ll keep communicating,” he said.
“They’ll return at the right time.”
Clarkson and Fagan have both denied any wrongdoing.
A separate invitation for all parties to engage in mediation also remains open.
McLachlan said there was no guarantee the families that levelled the explosive allegations will engage in the investigation.
However, even if the families elect not to participate, “the investigation will still go ahead”, but would potentially only hear one side of the story.
“There’s information that the panel can work with, but it’s a better and more full investigation, clearly, if the complainants are working with the panel,” he said.
“ … We are obviously encouraging the complainants to tell their story.
“We believe it’s an independent, culturally-diverse panel. The terms of reference are transparent and a process that we believe gives cultural safety, and we’re here at the behest of the families. We are encouraging them, but ultimately that’ll be a decision for the complainants and their lawyers.”
After three weeks of negotiations with relevant parties – including legal counsel for the First Nations families that have levelled the allegations, some of which name senior coaches Alastair Clarkson and Chris Fagan among other former Hawks figures – the process has been finalised and will begin with the investigation panel to begin requesting documents from participants from Friday, October 21.
Initial written or other statements are due by November 4 with the “process plan” setting out a timeline which includes deadlines for responses to evidence and then final submissions from participants on December 6.
The terms also state that participants will be required to sign confidentiality agreements and that they can apply to the AFL to have the league contribute to their legal costs.
The league said it had also “taken further steps to ensure the panel has independence from the AFL”.
If the report finds any person “engaged in, were involved in and/or were aware of any inappropriate conduct” they could face fines or bans under the AFL’s rules.
If any individual is identified, it would then trigger potential for disciplinary action under AFL Rules by the league’s general counsel, which is headed by Andrew Dillon.
It can deliver sanctions, or the matter could be further referred to the AFL commission.
The AFL Rules includes regulations including conduct which is unbecoming, or prejudicial to the interests or reputation of the league, or that would bring the game of football into disrepute.
Under AFL Rules, the commission is permitted to “deal with any such matter in such manner as the Commission in their absolute discretion”, which in previous instances – including amid the Essendon drugs saga – has resulted in financial penalties or bans from the game.
McLachlan said on Thursday that December remained the aim to wrap up the process but that it would take as much time as needed.
It defines the “inappropriate conduct” being investigated as including “racist behaviour, bullying and/or intimidatory conduct … inappropriate intrusion upon on or purported control” relating to both Hawthorn players and their families, among other definitions.
It will also seek to determine whether any inappropriate conduct that is identified was known to any member of senior management or the board of the club at the time in question, and whether the club provided appropriate support for its players.
McLachlan said the independence of the panel had been a crucial element to the process.
“Given the seriousness of the allegations, it is important that we set up an independent investigation that is fair and provides a clear and safe process to investigate the matters referred to the AFL by the Hawthorn Football Club,” he said.
“The Terms of Reference provide the guide rails for which the investigation can be undertaken in a culturally safe environment.
“We have listened to the feedback and taken further steps to ensure the panel has independence from the AFL and therefore there have been a number of additional protections added, including the Investigation Panel having the ability to retain their own law firm, exercising control over release of the final report and being able to retain their own subject matter experts.
“This matter was brought to the AFL by the Hawthorn Football Club at the request of the families. We encourage those affected to take part so the panel can get to the bottom of the allegations with due process and natural justice to those who have made claims and those against whom allegations have been made.
“While we still do not know the identities of the persons / families who have recalled their accounts within the Hawthorn Football Club review, or with the journalist who published those accounts, we encourage their legal representatives to engage in the process as soon as possible.
“We have taken the time that was necessary to get this process right from the outset. This is an incredibly important investigation and once the panel has reported back, we need to come together as an industry and co-ordinate a much wider response to ensure we have a culturally safe environment across all clubs and within the AFL ecosystem.”
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