Where the Hawthorn racism scandal can go from here – as Indigenous families launch new legal action

Hawthorn’s racism scandal is set to continue, with the AFL still deciding if they will charge the embattled club for bringing the game into disrepute.

Potential loss of future draft picks and the Hawks’ failure to give former coaches Alastair Clarkson, Chris Fagan or Jason Burt a right of reply to the allegations that emerged last September from a number of First Nations players and their partners could see a charge follow.

AFL CEO Gill McLachlan is also said to be furious at how poorly Hawthorn handled the saga and ‘wouldn’t rule out’ further action.

‘The process whereby allegations were aired without anybody having the ability to respond to them has provided an environment where there has been many parties – complainants and the defendants – put in a hugely vulnerable situation, and it’s had an impact across the industry for all First Nations people and others,’ he said.

‘I think that’s something that needs to be contemplated.’

Alastair Clarkson – who won four premierships as a head coach at Hawthorn – has been cleared by the AFL of any wrongdoing

On Tuesday, Clarkson, Fagan and Burt were formally cleared of any wrongdoing by the AFL – and the trio have strongly denied allegations they mistreated Indigenous players and their partners at the Hawks between 2010 and 2016.

And in another bombshell development, families at the centre of the Hawks saga are set to announce they will take further action over the matter with the Human Rights Commission.

Their legal representative, Leon Zwier, said the families will use the Commission to launch a claim against the club as well as Clarkson, Fagan and Burt. 

Marque Lawyers managing partner Michael Bradley, who is representing one of the members of a family involved in the investigation, told The Age the AFL had ‘achieved nothing’ in its settlement with those who participated in the investigation process.

Former assistant coach Chris Fagan labelled the ongoing racism probe a ‘farce’ – and is furious he was never given the chance to clear his name by Hawthorn

Former Hawks football club welfare manager Jason Burt (pictured) has been cleared by the AFL but will reportedly be caught up in legal action the Indigenous families are taking through the Human Rights Commission

It comes as Fagan, now head coach of the Brisbane Lions, slammed the racism probe as a ‘farce’.

‘I have always categorically denied the allegations against me. The allegations are false. I am completely innocent,’ he said.

‘I am happy for any of my conduct and any documents to be aired publicly in a public court or proper public process and let someone impartial decide what is true and what is false,’ he said.

‘I have made no concessions. There are none to make … I have done nothing wrong.’

Former Hawthorn president Jeff Kennett – who was in charge when the club’s cultural report was conducted – said he was ‘quite sure’ the AFL would not take further action against the Hawks.

AFL general counsel Stephen Meade will decide whether to investigate Hawthorn, as speculation continues as to whether the club will be charged with misconduct or bringing the game into disrepute.

Kennett has since written to the league insisting the club had strong governance.

He also demanded a ‘quick response’ so the saga doesn’t drag out further.