Collingwood Football Club is embroiled in a fresh controversy involving allegations of racial discrimination, with the club’s CEO, Craig Kelly, at the center of the accusations. The claims have been made by the club’s former head of First Nations strategy, Mark Cleaver, who has taken legal action against the club, citing racial slurs, jokes about Indigenous culture, and physical assault.
Mark Cleaver, who identifies as non-binary and uses he/him pronouns, has filed a lawsuit against Collingwood Football Club in the Federal Circuit and Family Court. He alleges that the club’s actions caused him significant emotional distress, humiliation, and financial loss after he was dismissed from his role in May of this year. The lawsuit claims that the club’s actions violated various laws, including those related to race, disability, and equal opportunity.
In his court filing, Mr. Cleaver describes himself as a First Nations person who is gay, in a same-sex relationship, and living with multiple sclerosis. The documents detail several incidents involving Craig Kelly, who is accused of making derogatory remarks and physically assaulting Mr. Cleaver.
One of the most disturbing incidents allegedly occurred during a meeting in February between Mr. Cleaver, Mr. Kelly, and another executive, Kerrie Brewer. The meeting was focused on discussing the contents of a cultural room at the club. Mr. Kelly is accused of throwing a marngrook—a traditional football made from possum hair—at Mr. Cleaver, saying, “I don’t give a f*** what you put in there, put this shit in there.” Mr. Cleaver claims the marngrook struck him, causing him both physical pain due to his multiple sclerosis and emotional distress.
In another incident, Mr. Kelly is alleged to have made a derogatory comment about a female Indigenous elder, referring to her as “a dumb old bitch” in Mr. Cleaver’s presence after a meeting with leaders from Dardi Munwurro, a First Nations men’s behavioral change organization. Additionally, Mr. Kelly is accused of physically assaulting Mr. Cleaver in March, including forcefully hitting and jabbing him in the shoulder and squeezing his hand to the point of causing significant pain.
Mr. Cleaver formally complained to Collingwood officials in late March and April, and also reported the matter to Victoria Police. Following these complaints, the club initiated an internal investigation. According to court documents, the investigation determined that Mr. Kelly had “tossed” the marngrook rather than throwing it at Mr. Cleaver. While some of Mr. Kelly’s remarks about Mr. Cleaver’s disability were acknowledged, they were not deemed to be ableist or racist by the investigation.
The situation escalated on May 6, when the law firm Maurice Blackburn, acting on behalf of Mr. Cleaver, sent a letter to Collingwood. Shortly afterward, the club terminated Mr. Cleaver’s employment. The club, however, maintains that his dismissal was unrelated to the concerns he raised and that his employment lasted for six months. Following his departure, Mr. Cleaver lodged a complaint with the Fair Work Commission, but the issue remained unresolved.
In response to the allegations, Collingwood Football Club released a statement asserting that it had thoroughly investigated Mr. Cleaver’s claims. The club stated that it takes all such matters seriously and followed its workplace policies and procedures when Mr. Cleaver raised his concerns in March. The club further emphasized that it believes it acted lawfully and intends to vigorously defend itself in court.
A directions hearing for the case has been scheduled in the Federal Circuit and Family Court on August 27. This legal battle comes on the heels of the “Do Better” report, a 2021 review of Collingwood’s culture that highlighted the club’s inadequate responses to past racist incidents. The review included testimonies from staff, players, former players, and supporters, revealing systemic issues within the club.
As the case unfolds, it will undoubtedly draw significant attention, not only because of the serious nature of the allegations but also due to the broader implications for the club’s reputation and its ongoing efforts to address issues of racism and discrimination within its ranks. The outcome could have far-reaching consequences for Collingwood Football Club and the Australian Football League as a whole.
