Friday, December 9, 2022

Cricket Scotland: Independent review into racism in Scottish cricket update

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Cricket Scotland has today confirmed that an initial high-level review of complaints raised as part of the independent review into racism in Scottish cricket is now complete. 

Following publication of the Changing The Boundaries report in July this year, the number of referrals passed to Cricket Scotland has increased to 77, relating to 43 allegations of racism against 27 different people, two clubs and two Regional Associations. In total there are 52 unique complaints, with nine considered to be non-race related.

All 52 complaints have now been reviewed as part of an independent process being led by leading sports law firm Harper MacLeod LLP, UK-wide race equality charity Sporting Equals, and where appropriate, anti-racism campaign group Running Out Racism.

Following the high-level review Cricket Scotland has confirmed that of the 43 complaints that include allegations of racism, 22 require further formal investigation. The 43 complaints have been assessed as follows:

  • 22 possible rule breaches that require to be formally investigated
  • 17 require further information to be gathered to inform next steps
  • 4 should result in a constructive outcome or are paused due to ongoing legal process.

In addition to the above, there are nine non-race related complaints where there are still important issues to be taken forward relating to workplace culture and HR processes within Cricket Scotland. Two of these complaints have now been closed.

The following learning points have been noted to be actioned following the high-level review:

  • Amendment of Cricket Scotland policies and procedures
  • Equality Diversity and Inclusion training, anti-racism training to be provided
  • Re-education to educate individuals on appropriate behaviour
  • Apologies and reconciliations with victims.

Interim CEO of Cricket Scotland, Gordon Arthur, said: “This is another important step forward in terms of the referral process and we are grateful to our partners at Sporting Equals, Harper MacLeoad LLP and Running Out Racism for the vital role they have played in helping us reach this stage.

“The report was clear in its findings and we are moving forward in making the changes required to make Scottish cricket an exemplar going forward. However, we recognise that a more detailed investigation of a number of past issues is a critical part of the process in rebuilding trust, and redressing mistakes of the past. Only when referrals have been investigated fully, will we be able to decide what action might be taken in individual circumstances, to bring closure to those involved.

“It is important that this work is carried out sensitively and diligently and I want to express my sincere thanks to those who have raised complaints. I am acutely aware of just how difficult this process has been for everyone involved. We want to see positive change in our sport and this process is central to achieving that.”

Harper Macleod and Sporting Equals have started investigating the initial cases from the 22 that require to be fully investigated, as well as ingathering further information on the 17 referrals which require further clarity before decisions can be taken on the next steps.

It is difficult to estimate timescales for these investigations as some will be more complex than others. However, Cricket Scotland is committed to ensuring that these are conducted thoroughly and sensitively and, where appropriate, as quickly as possible.

Cricket Scotland will also be setting up a new Conduct in Sport Panel (CISP) to deal with referrals that are investigated and from which disciplinary cases are prosecuted. The CISP will respond to future disciplinary issues arising under new processes to be instigated at Cricket Scotland following the governance review and will have wide-ranging powers. It will make recommendations to Cricket Scotland for final decisions.

Appointments to the CISP will be on a voluntary basis for a fixed-term period. Applications will be sought through an open recruitment process from people who may have relevant expertise and experience. Applications will be open to anyone, and appointments will be made by the Cricket Scotland Board. Three person committees will then be appointed from the CISP – in the first instance Disciplinary Committees and an Appeals Committee.

Disciplinary Committees will independently assess information provided by investigators and consider the case against accused, with the accused having a full opportunity to respond. The Committee will then determine whether rules have been broken and if so, what sanction should be recommended. If no rules have been broken the Committee will consider what other outcome/learnings can be recommended.

All final decisions on any sanctions will rest with Cricket Scotland, fully taking into account the recommendations of the various disciplinary processes.

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