Where the Hawthorn racism scandal may lead from here – as Indigenous families seek new legal action

Where the Hawks’ racism scandal will go from here: How the club and coaches Clarkson and Fagan still face severe penalties from the AFL and courts – while players’ families take the next legal step
- Hawthorn could lose future AFL draft picks
- The AFL CEO is furious at how the racism saga has been handled
- Alastair Clarkson, Chris Fagan and Jason Burt have all cleared
- Follows a lengthy investigation that began last September
- First Nations players could still take legal action
Hawthorn’s racism scandal is expected to continue and the AFL is still deciding whether to discredit the embattled club over the game’s disrepute.
A possible loss of future draft picks and the Hawks’ failure to give former coaches Alastair Clarkson, Chris Fagan or Jason Burt a right to respond to allegations made last September against a number of First Nations players and their partners could lead to lead to an indictment.
AFL CEO Gill McLachlan is also said to be furious at how badly Hawthorn has handled the saga and “doesn’t rule out” further action.
“The trial, in which allegations were made without anyone having an opportunity to respond, has created an environment in which many parties – complainants and defendants – have been placed in an extremely precarious position and it has had repercussions for all First on the entire industry. “Nations, people and others,” he said.
“I think that’s something to think about.”

Hawthorn’s racism scandal is expected to continue and the AFL is still deciding whether to discredit the club over the game’s disrepute (pictured, CEO Gillon McLachlan)

Alastair Clarkson – who won four Premierships as head coach at Hawthorn – has been cleared of any wrongdoing by the AFL
On Tuesday, Clarkson, Fagan and Burt were officially cleared of any wrongdoing by the AFL – and the trio have firmly denied allegations that they abused Indigenous players and their partners at the Hawks between 2010 and 2016.
And in another bombastic development, the families at the heart of the Hawks saga will announce they will take further action with the Human Rights Commission on the matter.
Their legal representative, Leon Zwier, said the families would use the commission to file a lawsuit against the club, as well as Clarkson, Fagan and Burt.
Michael Bradley, managing partner of Marque Lawyers, who represents one of the family members involved in the investigation, said Age The AFL had “achieved nothing” in its agreement with those involved in the investigation.

Former assistant coach Chris Fagan has called the ongoing racism probe a “farce” – and is furious that Hawthorn never gave him a chance to clear his name

Former Hawks football club welfare manager Jason Burt (pictured) has been released by the AFL but will reportedly face legal action brought by Indigenous families through the Human Rights Commission
Fagan, now Brisbane Lions head coach, called the racism probe a “farce”.
“I have always categorically denied the allegations against me. The claims are wrong. “I’m completely innocent,” he said.
“I will be happy if my conduct and any documents are exposed publicly in a public court or due public process and someone impartial can decide what is true and what is false,” he said.
“I made no concessions. There’s nothing to be done…I didn’t do anything wrong.’
Former Hawthorn president Jeff Kennett, who was in charge when the club’s culture report was prepared, said he was “pretty certain” the AFL would not take any further action against the Hawks.
AFL General Counsel Stephen Meade will decide whether to launch an investigation into Hawthorn as speculation continues as to whether the club faces allegations of wrongdoing or has brought the game into disrepute.
Kennett has since written to the league insisting the club had strong leadership.
He also called for a “rapid response” to ensure the saga doesn’t drag on any longer.