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Families at centre of Hawthorn AFL racism probe to make complaint to Human Rights Commission, lawyer says

An AFL panel has made no finding against former coaches and staff in its investigation into allegations of historical mistreatment of First Nations players. (AAP: Joel Carrett)

Families involved in the AFL probe into allegations of racism at the Hawthorn Football Club will take their complaint to the Australian Human Rights Commission.

On Tuesday night it was confirmed that a panel investigating historical allegations of mistreatment of First Nations players had concluded, making no findings against former coaches Alastair Clarkson and Chris Fagan, and ex-welfare manager Jason Burt.

The AFL said the First Nations players and families involved in the probe had reached an agreement and "wish to resolve all differences with the AFL".

Lawyer Leon Zwier, who is representing the six complainants involved in the AFL process, confirmed on Wednesday afternoon that his clients would be taking further action.

"Our clients will be commencing an Australian Human Rights Commission complaint against Hawthorn Football Club, Clarkson, Fagan and Burt alleging breaches of the Racial Discrimination Act," he told the ABC.

The ABC has not seen the terms of any complaint. The Human Rights Commission said it was unable to comment.

Clarkson, Fagan and Burt have continually denied allegations of wrongdoing, but Burt on Saturday confirmed aspects of one family's story in an interview with The Age, saying the coaches "overstepped the mark"

Hawthorn could still face sanctions

The independent panel commissioned by the AFL, headed by chairman Bernard Quinn KC, was announced in October in response to the findings of a cultural safety review commissioned by Hawthorn, which uncovered allegations of mistreatment of the club's First Nations players.

The AFL investigation stalled for eight months, with both the coaches and Hawthorn families confirming they had not been formally interviewed by the panel when it was wound up.

On Tuesday, AFL CEO Gillon McLachlan said while the investigation had wound up without charges against any person, it was possible Hawthorn could be charged with bringing the game into disrepute.

"It's had an impact across the industry, for all First Nations people and others. I think that's something that needs to be contemplated," Mr McLachlan said.

Hawthorn president Andy Gowers said the club would be "extremely disappointed" if it was sanctioned by the AFL.

"What I would say is that we went into this process with the best of intentions. I don't think anybody is questioning that," Mr Gowers said this morning.

He said the process had been "extremely difficult … for all involved".

"It has been very complex but I do genuinely hope the resolution announced last night creates a step towards healing and to address the hurt felt by many."

Mr McLachlan last night said it was not "definitive" that the club would face sanctions, but said the way Hawthorn had handled the allegations had put people "in a hugely vulnerable situation". 

He said any decision on sanctions would be made "in a reasonably expeditious manner".

Discussions over allegations 'ongoing' at Hawthorn

Mr Gowers said the resolution of the panel did not mean the end of the issue for Hawthorn or for the First Nations players involved.

He said he was hopeful further discussions between former staff and players could open the door for reconciliation between the parties.

"It may not be easy but it is our job as a club to work at it and make that happen. Our door will always be open to each and every one of them," he said.

Hawthorn president Andy Gowers faced the media after the AFL panel made no finding against former staff. (ABC News)

Mr Gowers said the leaking of the initial allegations "did not allow for a fair and just process".

"It was leaked and that blew up everything, otherwise I think those people would've got the opportunity to be heard."

"Where it ended up, nobody is happy about, that is clear."

In a statement, the ABC, which first reported the allegations, said the stories of the families at the centre of the report were not "leaked", as nobody interviewed by Hawthorn for the cultural safety review was bound by confidentiality.

News director Justin Stevens also rejected allegations Hawthorn staff members were not given an opportunity to respond to the initial story alleging mistreatment, calling the reporting by journalist Russell Jackson "thorough and fair".

"It was in the public's interest to be informed about these issues and Russell went to great lengths to get the other side of the story so he could report on that as well," Mr Stevens said.

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