Home National Australia AFL should consider enacting no-fault stand-down policy

AFL should consider enacting no-fault stand-down policy

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source : the age

At this early stage there are some things that are known and much that is not about what happened at the Pullman East Melbourne hotel when the Sydney Swans stayed there this past weekend.

We know that detectives from Victoria’s sexual crimes squad are investigating an alleged incident from the early hours of Monday morning and that five Sydney Swans players are assisting the police with their inquiries into the matter.

Clockwise from left: Swans players Chad Warner, Riley Bice, Isaac Heeney and James Jordon.Michael Howard

Exactly who police are focused on or why we do not know, although The Age has contacted the representatives of Isaac Heeney, Riley Bice, James Jordon, Chad Warner and Nick Blakey, who remained in Melbourne as the team headed back to Sydney after an allegation of sexual assault in the early hours of Monday morning.

We know the players would also face sanctions at a club and AFL level, outside of the police investigation – likely bans of multiple matches.

Several strands arise from the preceding. First, and most importantly, is the welfare of any alleged victims. In the roar of commentary and speculation, those voices must not be forgotten.

Second, is both the reaction and consequent actions of the club, and third, the position of the AFL in such matters.

We note with dismay the comments of Swans chief executive Matthew Pavlich, who said: “We’re still piecing together exactly what’s transpired here and have our own internal inquiries ongoing. It’s safe to say we’re extremely shocked and disappointed that this has taken place and that the players have found themselves in this situation.”

Pavlich was shocked and disappointed, which is fair enough. Everyone should be, but to append to shocked and disappointed that “the players have found themselves in this situation”?

This takes club loyalty to a new, and depressing, level, where players are already being rhetorically crab-walked away from their own alleged actions.

The Swans have said all options were open in regard to the players’ behaviour and certainly the impact on the second-on-the-ladder club, with the finals just a few weeks away, will be considerable.

Instead of a sole focus being on reaching a fifth grand final in just over a decade and then winning it, the club’s campaign has been seriously derailed, even before much is known about the police investigation.

Police investigations into alleged sexual assault will take time with the careful gathering of evidence and witness statements.

The incident brings into focus the sharp contrast between the NRL and the AFL in dealing with such matters. In 2019, the NRL introduced a no-fault stand-down policy for cases that involved penalties of more than 10 years’ jail.

The policy came into effect in the context of sexual assault charges against player Jack de Belin, who pleaded not guilty. He was out of the game for almost three years, and returned to the field when the Office of the Director of Public Prosecutions dropped the charges.

At the time, Australian Rugby League Commission chairman Peter Beattie said: “I want to make it clear this is no fault, we’re making no judgment whatsoever, in relation to any player charged with any offence. What we’re doing is setting a benchmark and standard for the game of rugby league.”

Of course, the allegation involving the Swans is not at the point where it would apply, but creating it would assist all participants.

The arguments of judging each case as a standalone has some merit in that each case is different.

An example is that of Geelong’s Tanner Bruhn, who faced sexual assault charges, who was stood down from the competition for all of last season while the case went through the courts. Bruhn maintained his innocence. The charges were dropped, and he returned to play for the club this year.

The NRL justified its introduction of the policy as creating a benchmark. A wider no-fault stand-down policy would lay a similiar foundation for AFL players and clubs, and indeed the public, on which expectations can be built. It would help instil greater confidence at times when it is at its most prized.

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