AFL drops Hawthorn probe, parties find agreement on "no adverse findings" against Clarkson, Fagan and Burt

Jarred Cross
Jarred Cross Published May 30, 2023 at 6.50pm (AWST)

Investigations into alleged racist conduct by three former Hawthorn Football Club coaches have been dropped with "no adverse findings" against Alastair Clarkson, Chris Fagan and Jason Burt found by the independent panel overseeing the probe.

No charges will be brought against the three former Hawthorn coaches by the AFL as a result.

On Tuesday an agreement was reached between the families of former Indigenous Hawks behind the allegations "to resolve all differences with the AFL".

The panel, including Tim Goodwin, Jacqualyn Turfrey, Julie Buxton and chairman Bernard Quinn KC will cease their operation on the matter.

It brings an end to their seven month investigations after serious claims made against former Hawks head coach Clarkson, then-assistance Fagan and then-Hawthorn player development manager Burt of misconduct against the ex-players during the club's premiership period.

The allegations were published after a leak to the media in the lead up to last year's AFL grand final after an internal "cultural safety review" was undertaken by Hawthorn.

They included instances of intimidation, forced-separation with partners and pressuring one couple into terminating their pregnancy.

All three coaches denied any wrongdoing.

The saga drew out over months as complications surfaced around the probe, confidentiality, willingness to contribute by the complainants, and the impact on those involved.

Both Clarkson, now at North Melbourne, and Fagan, with Brisbane, were vocal with their frustrations at allegedly being distanced from investigations and unable to tell their side of the story.

On May 18 Clarkson stepped away from his role as North coach indefinitely, citing the toll taken since September.

On May 27, Burt conceded the involvement of the trio in the breakup on "Zac" and "Kylie" (two unnamed complainants behind the allegations) which he said "overstepped the mark".

Zac and Kylie have not taken part in the investigation process.

Last week, Hawthorn's chief executive Justin Reeves resigned amid the "very difficult period" for the club.

The current resolution, as released by the AFL on Tuesday, is as follows.

No adverse findings have been made in the Independent Investigation against any of the individuals against whom allegations have been made ("Individual Respondents").

The Complainants 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 Complainants agree that their allegations should not be further investigated by the Independent Panel.

The AFL has now terminated the Independent Panel Investigation 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.

The AFL acknowledged the "hurt, pain and anguish" the former Hawks players suffered during their time at the club with all parties involved further acknowledging the leaking of their allegations to the media was in no one's best interest and that the investigation was undertaken in a positive manner.

Under the agreement, the AFL has not ruled out laying league-imposed charges against Hawthorn.

Speaking at a press conference on Tuesday night, AFL chief executive Gillion McLachlan did not speak to what sanctions could be made against the club, but said a process to getting there is expected to be "something that's done in a reasonably expeditious manner".

McLachlan did not rule out, nor "prejudge" the potential for monetary sanction or stripping of competition points from the Hawks.

He stated "there is no financial component" to the current resolution.

It follows reports of previous agreements constructing, and since falling over, that involved a fund for the Indigenous players and their families involved.

"I think it's an outcome that gives certainty for the defendants that there are no adverse findings and it gives a process that has been endorsed by the complainants where they feel heard," McLachlan said.

McLachlan stood by the conduct of the independent panel.

The AFL has committed to a range of initiatives to better cultural safety to Indigenous and multicultural players going forward.

Speculation the matter could enter the courts have been heard for some time.

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