A review into the scandal-hit Sydney Swans’ culture must be willing to expose uncomfortable truths for its leadership, a workplace relations specialist says.
The AFL club has been under scrutiny since August, when three women made sexual assault reports to police following an alleged incident involving players at Melbourne’s Pullman Hotel.
Victoria Police on Friday confirmed no criminal charges would be laid, citing insufficient evidence.
But the allegations may still be tested in court, with lawyers for three of the women reportedly saying they intend to pursue civil claims.
The club is also facing questions about its culture following a separate alleged drug-driving incident involving another player in November.
In a letter to members on November 5, chief executive Matthew Pavlich outlined a three-phase examination of the club’s AFL program.
It includes interviews with players and staff, the annual end-of-season review and an external, club-wide engagement process.
But Paul O’Halloran, a workplace relations specialist, said key questions remained unanswered about how extensive those efforts would be.
“The real question is whether this process can expose uncomfortable truths about the club’s leadership, not just its players,” the partner at Dentons law firm told AAP.
“The external review is promising, but the letter leaves critical questions unanswered, such as can it scrutinise the board and executives?
“Can people speak confidentially? Will findings and implementation commitments be published?”
Isaac Heeney, Chad Warner, James Jordon and former Swans player Nick Blakey were investigated after the women’s reports.
The alleged incident followed a Swans win over Essendon on August 17, when players were reportedly in a Melbourne hotel room with adult entertainers.
The players, as well as a fifth, Riley Bice, were suspended from round 24 and the club’s two finals, a move Mr Pavlich maintained on Friday was the right one.
Former Swans and Carlton player David Rhys-Jones said the club had enjoyed an outstanding culture for many years, but acknowledged recent controversies had damaged its reputation.
“It’s got to start from the top,” he said, of the culture reset needed at the club.
Asked what made the club’s reputation special, he cited its “no dickheads” policy adopted under former coach Paul Roos.
“That was one of the best phrases I think I’ve ever heard,” he said.
Heeney welcomed the police decision on Friday, saying the past three months had been “incredibly difficult” for his family and those close to him.
But Slater and Gordon senior lawyer Jackson Pannam, whose firm is representing one of the alleged victim-survivors, said her client had been left “devastated” by the news.
Ballarat-based lawyer and sexual assault survivor advocate Ingrid Irwin told AAP: “You can still have success in a civil case where you haven’t had it in criminal.”
Civil claims are determined on the balance of probabilities, a lower standard of proof than the criminal standard of beyond reasonable doubt.
Ms Irwin said proving a sexual offence in court was nearly impossible, but the financial and emotional challenges involved in pursuing litigation could also be significant.
Regardless of the outcome, Mr O’Halloran said the club had acknowledged issues and it was up to leadership to supplement words with actions.
“Moving forward should mean demonstrating what will change at the club, not simply drawing a line under the publicity,” he said.
“The police outcome matters, but criminal allegations and club standards are different questions.
“Accountability should be the same as any normal company. If conduct like this occurred in a publicly-listed company the share price would sink.”
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