The AFL expects to know by the end of this week whether the five First Nations families involved in racism claims against the Hawthorn Football Club will take part in the independent probe.
The league last week revealed its terms of reference for an investigation into allegations of racism, bullying and other inappropriate behaviour at Hawthorn from 2008-16. This includes giving all parties the chance “to share their perspectives, to hear the perspectives of other participants and to respond”, and “an opportunity for mediation if a party seeks it during the process”.
A four-person panel, led by Bernard Quinn KC, will lead the investigation, but the five families who have made complaints have yet to confirm whether they have confidence in the process and are willing to participate in the hearings.
AFL football operations chief Andrew Dillon, also a potential successor to league chief Gillon McLachlan, said on Tuesday that clarity was expected within days.
“What I would like to say about the Hawthorn review is, again it’s an independent review, so it will be conducted at an arm’s length from us. We have got Gordon Legal advising us, so they are sitting between the AFL [and the families], so I am not aware of that. But if you look at the timeline of reference, we should have clarity in relation in to who is going to participate potentially by the end of this week,” he said.
Leading lawyer Leon Zwier is representing four of the First Nations families. Lawyer Dr Judy Courtin is acting for one of the families.
Initial statements are due on November 4. If the investigation finds anyone should be subject to a disciplinary process, that would be separate under AFL rules.
Former Hawthorn coach Alastair Clarkson, having taken a leave of absence, intends to commence his new job as coach of North Melbourne on November 1 now that the terms of reference have been released. Clarkson has been in Scotland recently, spending time with Celtic manager Ange Postecoglou.
Former Hawthorn football manager Chris Fagan, now Brisbane Lions coach, could return to work within days, with the Lions board meeting on Tuesday night to discuss if he should officially return to the fold. Fagan had also taken a leave of absence.
Dillon said there was no reason “at this stage” why they could not return despite the probe and the release of its findings not likely to finish until December 22.
“I think like what Gillon said on Thursday, it really is a matter for those individuals and the club, and if they are in the right state of mind, they can work it out. It’s really a matter for the club and the individuals,” Dillon said.
Clarkson and Fagan have strongly denied the allegations made against them, and have engaged legal counsel. Clarkson is represented by John Tuck of Corrs Chambers Westgarth, while Fagan has Scott Sharry of Clayton Utz. They have been awaiting a copy of the Hawthorn report and the identities of the former players and their families making the claims.
The terms of reference will allow the panel to determine whether there was inappropriate conduct, including racist behaviour, bullying, inappropriate intrusion or control over the family, cultural and/or non-football lives and wellbeing of players, their partners, friends and families.
Racialised stereotypes by Hawks staff would also be considered inappropriate. This may encompass behaviour including comments alleged to have been made by former president Jeff Kennett towards Cyril Rioli’s partner Shannyn Ah Sam-Rioli over her torn jeans.
It will also examine claims that club staff made demands or pressured players about their living arrangements, relationships, freedom to travel interstate or have visitors from interstate; and whether they removed SIM cards or controlled a player’s phone.
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