Hawthorn racism review: How investigation happened and what comes next
Four First Nations families who demanded real action on racism from the AFL before committing to the independent Hawthorn review have made their decision on whether to take part.
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A group of Hawthorn First Nations past players and families will speak to investigators after accepting the AFL’s commitment to a wider response to racism in the league.
The four families – the first to agree to participate in the Hawks’ investigation – had been determined to “tell our truths” but first wanted the AFL to “have a good hard look at itself” by agreeing to an independent review of its racism failings.
They sent a letter detailing their wishes and concerns to AFL chief executive Gillon McLachlan and all commissioners on Friday night, which prompted a league statement on Saturday committing to “a wider response that ensures we have a culturally safe environment across all our clubs and within the AFL industry.”
On Tuesday, the families said they “accept and rely on this good faith, unqualified, binding commitment by the AFL and based upon it, we reaffirm our willingness to participate in the HFC Independent Investigation”.
“We trust that as a further demonstration of its good faith commitment the AFL will now detail how and when it intends to commence this work, the terms of reference, who will undertake it, and if it will be open and transparent to the world,” they said in their latest statement.
“To the media and clubs who want to eliminate racism in AFL football, please hold the AFL to its commitment.
“We want the AFL to be realigned to the right side of history.”
The group, who were being represented by lawyers Arnold Bloch Leibler, said they would “stand testament to our truths”.
“Our stories will be told and they will be heard,” they said.
“Change for the better is coming.
“We are utterly determined to make the AFL a safer place for all First Nations players and their families.”
The independent investigation came after Indigenous ex-Hawks players and their families made confronting accusations they were bullied during their time at the club.
Their allegations were made in the report “Cultural Safety Review: Of Past and Present Indigenous Players and Staff of the Hawthorn Football Club”, which News Corp exclusively obtained in September.
Although the four families have agreed to participate in the independent process, others, such as Amy* have chosen not to.
Amy (*not her real name) has alleged she is the victim of “appalling mistreatment by Hawthorn Football Club”.
The former Hawks figures at the centre of the claims being investigated, North Melbourne coach Alastair Clarkson, Brisbane counterpart Chris Fagan and ex-development manager Jason Burt, have denied the allegations of racist behaviour.
In its statement on Saturday, the AFL said it was “committed to working together as an industry to coordinate a wider response that ensures we have a culturally safe environment across all our clubs and within the AFL industry”.
“It is important to note that the wider industry response that was previously announced is a separate piece of work that will continue to be worked on by the AFL and, while it will be informed by the panel’s work, it is not part of the independent investigation process.”
Hawks could face fines, loss of draft picks
– Jon Ralph
Hawthorn president-elect Peter Nankivell says the club is aware it could face sanctions from the AFL investigation which will probe what role Hawks management played in the damaging First Nations racism allegations.
But the man who hopes to be elected as Jeff Kennett’s replacement on December 13 says Hawthorn has no regrets about the wellbeing check on past and current Indigenous players which uncovered the AFL scandal.
Experienced lawyer Nankivell has been working with the First Nations families at the heart of the allegations and is still hopeful they will all be involved in the investigation to get to the truth of the claims.
He told the Herald Sun on Monday: “If you are talking about the truth and reconciliation, it requires everybody in the room. And I think true reconciliation can only occur if that’s the outcome”.
And while the Hawks believe their decision to commit to a review of their practices was honourable, Nankivell says the process has been “unfair” on coaches Alastair Clarkson and Chris Fagan and player development boss Jason Burt.
Clarkson, Fagan and Burt have denied the allegations.
The club had hoped to refer the matter to the AFL before it was made public but instead the accusations and the club’s own report were leaked.
As that trio prepare to put their case to the AFL, the independent investigation is also tasked with uncovering whether the club’s management or board had knowledge of inappropriate behaviour.
Melbourne’s tanking investigation in 2013 eventually saw the club fined $500,000 given the conduct of its coaches, and clubs can also lose draft picks if they are found guilty of conduct unbecoming.
Nankivell told the Herald Sun the club was open to reparations or compensation for the First Nations families amid the fallout of the episode and was fully aware the club could face penalties.
“Yes, this in essence is an independent panel, but it’s a subset of an AFL disciplinary process,” he said.
“So, if there is fault and or policies have been breached and there are sanctions, we are acutely aware of that. I think the board is charged with being responsible for the good governance and conduct of the football club at a point in time, and if there are legacy issues or historical issues where we have been at fault then we are responsible.”
The AFL is open to its own review into its handling of racism in recent years – as demanded by four Indigenous families as part of their decision to testify – but it is understood it would only come after the current independent review.
It means those families and “Amy”, an individual involved in the racism scandal, will need to make a decision on testifying before that league-wide review.
Nankivell said he was hopeful the families would testify, but said the terms of reference for the review also made clear mediation was one possible outcome.
“The independent panel and terms of reference do make provision for mediation to be part of this process, so as part of an immediate and sensible element to this, that would be really sensible,” he said.
He understands the anger from coaches including Clarkson and Fagan, but says the club’s own review started as a wellbeing check on its First Nations players.
“We as a club are not embarrassed about contacting our current First Nations players and past first Nations players and asking them about their time at the club,” he said.
“As a presumption to say you shouldn’t do that, that can’t be right. We did it on the basis of a commitment to the welfare of all of our people. In terms of the process and how it played out, when we got the review we delivered it through to AFL Integrity. What was raised in the review were potential breaches of the respect and responsibility policy of the AFL and we weren’t in a position to sit on the review.
“Should we have engaged with those who were complained against on a preliminary basis? That wasn’t the scope of at the outset of the review. These are very serious allegations and the more serious an allegation, the more seriously it needs to be investigated.
“That’s why it went to the AFL. Now it was extremely unfortunate that there were media releases separate to this review process and that compromised the process.
“In terms of due process, it is unfair on (Clarkson, Fagan and Burt) that they have had to deal with these allegations made in the media without having the opportunity to present their side of the story.”
AFL CONFIRMS NEXT STEPS IN RACISM PROBE
– Scott Gullan
“The AFL has committed to running an independent investigation of allegations of racism referred to the AFL by the Hawthorn Football Club that provides a supportive and respectful process for those impacted, and natural justice to those people against whom allegations of misconduct have been made,” the league’s statement said.
“We confirm that a number of participants have advised they will take part in the Investigation, chaired by Bernard Quinn KC and acknowledge it is their decision based on the terms of reference released on October 20, 2022.
“The AFL has not come to any separate agreements with any participants in relation to the terms on which they take part in the investigation.
“The work by the four-member panel has already begun and will continue to work with the various participants.
“As we announced when we released the terms of reference for the independent investigation, the AFL is committed to working together as an industry to co-ordinate a wider response that ensures we have a culturally safe environment across all our clubs and within the AFL industry.”
WHERE TO NEXT? HAWKS REVIEW EXPLAINED
Sam Landsberger
Hawthorn first announced it would investigate claims of racism at the club in April after Cyril Rioli went public.
By September, the club's review had identified issues which rang alarm bells at the AFL and in the wider community, prompting an external investigation.
Sam Landsberger explains how it got to this point and what lies ahead for all involved.
Why was Hawthorn’s racism review commissioned?
In April the Hawks announced they would investigate claims of racism at the club. The decision followed Cyril Rioli’s revelation that an insensitive comment made to his wife by president Jeff Kennett about her designer ripped jeans triggered his decision to retire prematurely in 2018. The Herald Sun revealed in August the Hawks had engaged former players and staff as part of an external probe into its Indigenous past.
When was the initial review handed down?
Hawthorn’s senior officials received the document in early September before it was handed to the AFL integrity unit. An ABC story reported on the existence of the review and some allegations made in it. The AFL then commissioned an external investigation to “get to the bottom” of the allegations made against former coach Alastair Clarkson, former football boss Chris Fagan and former development manager Jason Burt.
On October 4 the AFL appointed senior lawyer Bernard Quinn KC to lead the independent investigation, alongside barristers Jacqualyn Turfrey, Tim Goodwin and Julie Buxton. Clarkson, Fagan and Burt were not given the opportunity to speak to the Hawthorn review and all stood aside from their jobs when the news broke but strongly denied any wrongdoing. They have all since returned to work, with Clarkson starting at Arden St as planned this week.
When did the new independent investigation start?
After some haggling, the AFL finally released the terms of reference for the investigation on October 20. The plan was for all participants to share their perspectives, to hear the perspectives of others and respond. All parties were given until October 28 to inform the investigation panel, via Gordon Legal – who are advising the AFL – if they elected to participate. An end date for the investigation was set for December, 2022.
Who has chosen to participate in the investigation?
Clarkson, Fagan and Burt have been eager to tell their stories ever since the news first broke during grand final week. However the key witness (known as ‘Amy’) who alleged Clarkson pressured her former partner into terminating their pregnancy declined to participate. Her lawyer knows of at least one other family who has refused to speak and does not know of a single complainant who has committed to speaking to the investigation.
Why did the Indigenous players and families speak to the Hawthorn review, but not the independent investigation put together by the AFL?
The AFL claims it is at arms length from the investigation because it is so independent. However the families at the centre of the allegations disagree. They say the AFL’s lawyers, Gordon Legal, are the gatekeepers of evidence and it is effectively an internal AFL disciplinary investigation. They suggested a truly external body with expertise and competence, such as the Human Rights Commission, would have been far more appropriate to run the process.
Is there anywhere else they can tell their story?
The Herald Sun exclusively revealed last month that WorkSafe Victoria had launched its own investigation into allegations of bullying and discrimination at Hawthorn. Inspectors for the health and safety regulator seized material from the Hawks in virtual meetings before sitting down with the club’s manager of legal, risk and integrity Nick Holland at Waverley Park headquarters on October 3. WorkSafe’s executive director of health and safety Dr Narelle Beer urged anyone who experienced or witnessed health and safety concerns at Hawthorn to come forward and make a statement.
Where to from here?
Outgoing AFL boss Gillon McLachlan said the independent investigation would run its course with or without the involvement of the complainants. “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,” McLachlan said. Amy’s lawyer said the validity of the exercise had already been undermined by multiple key witnesses refusing to participate. Where it lands is anyone’s guess but only one side of the story is going to be told to the four-person panel put together by the AFL.
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