Opinion Hawthorn - Clarkson - Fagan Racism Investigation

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1. So what if the players are seeking financial compensation. It doesn’t change what allegedly happened. To focus on a potential payment is just an attempt to discredit the accusers.

2. Imagine the difference in reporting from the VFL media if you substitute “Hawthorn” for “Adelaide”. Remember that time we had a camp, half a dozen blokes kicked a footy on a golf course for five minutes, and Tex wore a mask on his chin? McClure, Ralph, Wilson wanted us banned from the draft for that.

Shaun Burgoyne spent years shaming us for the camp and our culture.
 

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1. So what if the players are seeking financial compensation. It doesn’t change what allegedly happened. To focus on a potential payment is just an attempt to discredit the accusers.

2. Imagine the difference in reporting from the VFL media if you substitute “Hawthorn” for “Adelaide”. Remember that time we had a camp, half a dozen blokes kicked a footy on a golf course for five minutes, and Tex wore a mask on his chin? McClure, Ralph, Wilson wanted us banned from the draft for that.

1. It speaks to their reliability as witnesses and accusers. It would be perfectly normal to seek compensation for damage incurred. What’s not is making a song and dance about not doing do if you are actually doing so.
2. Total irrelevance, nothing at all to do with this issue. You need to move on from your persecution complex.
 
The real victims in all this are the accusers. Let us not forget this.

Nothing at all to suggest they are, in fact t it’s the opposite right now. 3 people had their reputations destroyed by accusations that have been refused to be repeated. Now, that’s not the fault of the ex-players, but as it stands right now, only the accused are certain victims.
 
They most certainly did not!
Yes they did.

The three families were involved in the review.

Hawthorn had more than 20 First Nations players in the period of the review. Three families involved told ABC Sport about incidents in which club staff allegedly bullied and removed First Nations players from their homes and relocated them elsewhere, telling them to choose between their careers and their families.

]Hawthorn racism review to allege that former coaches separated First Nations players from families and demanded a pregnancy termination - ABC News



They were not obliged to be involved in the AFL investigation as they had already been involved with the initial Hawthorn review.


The obvious next step should have been to go to a truly independent body. As is happening now.


The AFL were not independent, so you can't blame the accusers not participating. We all know the AFL is a sham organisation, and no doubt their investigation was merely an attempt at rug covering
 
Yes, I saw Burt's statement

But I'm wondering where/when the accusers sought financial compensation and who it was directed towards. I hadn't seen it reported previously and it's not clear from the Burt statement.
The Age say they've seen a statement Rioli submitted to the Hawthorn review suggesting possible compensation would be payment for the lost 3 years of his contract, and that Jermaine Miller-Lewis suggested he might be entitled to medical expenses caused by his treatment at Hawthorn.

 
So Burt also claims the AFL had all of the data from Hawthorn's investigation.

The one the accusers were part of. So again, no need for them to be interviewed again.



Also worth noting that even with that, the AFL exonerated Clarkson, Fagan and Burt.

What happens if the Safework Vic and HRC investigations find otherwise?




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Yes they did.

The three families were involved in the review.



]Hawthorn racism review to allege that former coaches separated First Nations players from families and demanded a pregnancy termination - ABC News



They were not obliged to be involved in the AFL investigation as they had already been involved with the initial Hawthorn review.


The obvious next step should have been to go to a truly independent body. As is happening now.


The AFL were not independent, so you can't blame the accusers not participating. We all know the AFL is a sham organisation, and no doubt their investigation was merely an attempt at rug covering

Again, until you understand the difference between a unilateral claim and a review/investigation, you’ll continue to be way off here.
 
So Burt also claims the AFL had all of the data from Hawthorn's investigation.

The one the accusers were part of. So again, no need for them to be interviewed again.



Also worth noting that even with that, the AFL exonerated Clarkson, Fagan and Burt.

What happens if the Safework Vic and HRC investigations find otherwise?




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I guess natural justice issues foreign concept to you.
 
Again, until you understand the difference between a unilateral claim and a review/investigation, you’ll continue to be way off here.
I do understand the difference. And understand what you are saying. The Hawthorn review had no input from the Accused. It was one sided.

I never said it was definitive. It was merely a starting point.

The AFL have no more investigative powers than Hawthorn. You guys seem to think an AFL investigation has more stock than the review Hawthorn did. It wouldn't have.


All I am saying is that it is now being handled properly, and the AFL investigation was nothing more than attempt to bury this.



This is basically a case of whistleblowing. The AFL are the employers of all AFL players. Player contracts are between the AFL and the players.

How can they truly be independent in such an investigation?


As you said earlier, Safework Victoria is already investigating, and that is a process that will take time.


I will say I am unsure of the HRC relevance here. But at least they are truly independent.

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I guess natural justice issues foreign concept to you.
The AFL have a set process for such hearings and conduct them without bias?



The basic principle of Natural Justice being that a standardised process free of bias is followed.



You believe the AFL investigation followed this?

If you do I know of a Nigerian Prince who can make you rich....





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The AFL have a set process for such hearings and conduct them without bias?



The basic principle of Natural Justice being that a standardised process free of bias is followed.



You believe the AFL investigation followed this?

If you do I know of a Nigerian Prince who can make you rich....





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What would you have had the AFL do? This is their jurisdiction, and Hawthorn basically dropped it in their lap. They granted the four members of the panel independence. Unless one of the parties took it to court I’m not sure what else they could have done.
 
So Burt also claims the AFL had all of the data from Hawthorn's investigation.

The one the accusers were part of. So again, no need for them to be interviewed again.



Also worth noting that even with that, the AFL exonerated Clarkson, Fagan and Burt.

What happens if the Safework Vic and HRC investigations find otherwise?




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The AFL didn’t ‘exonerate’ the coaches, they concluded the investigation without any adverse findings. And that’s because no accusations were made to the investigation. It’s likely and perfectly normal for the other investigations to arrive at a different outcome should they be presented with substantiated claims.
 
The AFL have a set process for such hearings and conduct them without bias?



The basic principle of Natural Justice being that a standardised process free of bias is followed.



You believe the AFL investigation followed this?

If you do I know of a Nigerian Prince who can make you rich....





On SM-A325F using BigFooty.com mobile app

Geez, you reckon natural justice is simply following a standardised process. It’s sweet that you try to keep up.
 
The AFL didn’t ‘exonerate’ the coaches, they concluded the investigation without any adverse findings. And that’s because no accusations were made to the investigation. It’s likely and perfectly normal for the other investigations to arrive at a different outcome should they be presented with substantiated claims.
Correct not exonerated. I should not have said that.


And the AFL even agree with my point. They can only rule if parties have breached AFL specific rules.





Code:
 The purpose of the Independent Panel Investigation was to investigate relevant matters and make recommendations to the AFL including as to whether any persons should be the subject of disciplinary action for breach of AFL Rules and the resolution today should be viewed through that lens.

The AFL is only able to impose sanctions for breaches of AFL Rules on persons subject to the AFL Rules and respects the right of the various parties to the Investigation (and those who decided not to participate) to pursue claims in other legal forums. Today’s outcomes do not interfere with those rights.


AFL has no real jurisdiction here. Which is what I have been saying.


The AFL investigation pretty pointless.



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Geez, you reckon natural justice is simply following a standardised process. It’s sweet that you try to keep up.
Agree more to it than standard process. However it is the one principle I see where the AFL investigation falls down.

Given the AFL have no jurisdiction here, how can they claim a proper standardised process in testing the claims.


They can't.


As I said earlier, basically just a case of whistleblowing. Employers mistreating employees. Safework Victoria would have a process in place that follows all principles of Natural Justice.

The AFL don't.



I am not saying the claims are true or not. Just that the AFL trying to investigate it was a farce.



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What would you have had the AFL do? This is their jurisdiction, and Hawthorn basically dropped it in their lap. They granted the four members of the panel independence. Unless one of the parties took it to court I’m not sure what else they could have done.
AFL could have deferred to the Safework Victoria investigation.

I agree the AFL had a rough deal with the journo breaking the story. Personally think the story should not have been broken or at least identifies suppressed until after the proper Safework Victoria investigation.


That was the next logical step after the Hawthorn report.



AFL had no jurisdiction to investigate this matter, they admitted to as much in the press statement when they concluded the investigation.




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Opinion Hawthorn - Clarkson - Fagan Racism Investigation

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