tag:theconversation.com,2011:/ca/topics/essendon-football-club-4764/articlesEssendon Football Club – The Conversation2017-01-10T19:35:38Ztag:theconversation.com,2011:article/710842017-01-10T19:35:38Z2017-01-10T19:35:38ZJames Hird’s suspected drug overdose: invasive reporting breaches a right to privacy<figure><img src="https://images.theconversation.com/files/152213/original/image-20170110-16990-olreco.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Football figure James Hird is recovering following a suspected drug overdose last week.</span> <span class="attribution"><span class="source">AAP/Tracey Nearmy</span></span></figcaption></figure><p>Pleas by James Hird’s family to <a href="https://www.triplem.com.au/sport/afl/news/tania-hird-releases-statement/">respect its privacy</a> present challenges to media covering the latest chapter of a life that has become a very public Greek tragedy.</p>
<p>It might seem right that the media back off – ask no questions, take no photos – and await news from Hird’s family or spokespeople. If the reports of a <a href="http://wwos.nine.com.au/2017/01/05/17/46/ex-dons-afl-coach-hird-in-hospital-report">suspected drug overdose</a> are correct – suggesting a deliberate act – then the last thing the former Essendon player and coach or his family should have to endure is the added stress of scrutiny and interference.</p>
<p>More broadly, finding a balance between providing information and minimising harm is often a delicate pickle for journalists.</p>
<h2>Sports journalism and media ethics</h2>
<p>To provide valuable information to the public, media must act independently, unconstrained by vested interests, no matter how powerful or loud.</p>
<p>As a champion player and as coach, Hird was a high-profile public figure – a superstar in a billion-dollar industry – and still is a public figure due partly to his role in the <a href="http://www.afl.com.au/news/essendon-supplement-scandal">seemingly unrelenting supplements controversy</a>. There is no doubt that the public, many of whom have followed Hird’s career, wants to know what happened in the lead-up to his hospitalisation and treatment, and how he is faring now.</p>
<p><a href="https://www.tasa.org.au/wp-content/uploads/2008/12/27.pdf">Some observers</a> argue that when footballers become public figures they enter a Faustian pact in which they also become sports celebrities, and with that celebrity status, anything they do is public or at least newsworthy. </p>
<p>Competition among sports journalists is fierce, and there is pressure to break fresh news and be first with the story. The AFL accredits about 850 print, radio, television and digital reporters to cover football. A further 1,100 people work as broadcast crew, photographers, player statistics collectors and so on. That’s about 2,000 media covering between 720 and 792 registered players, depending on the year.</p>
<p>Terry Wallace played 254 AFL games, mainly for Hawthorn and also for Richmond and Footscray, which is now the Western Bulldogs. He coached the Western Bulldogs and, less successfully, Richmond, for 247 games.</p>
<p>More recently, as a sports commentator with a regular radio program, Wallace has been on both sides of the media/privacy issue. He believes that:</p>
<blockquote>
<p>Somewhere along the line, there have to be boundaries about what is private and what is not private.</p>
</blockquote>
<p>Journalists’ actions shocked Wallace on occasions when he coached Richmond between 2005 and 2009. One night in June 2008, Richmond defender Graham Polak was <a href="http://www.smh.com.au/national/afl-footballer-critical-after-hit-by-tram-20080628-2yme.html">hit by a tram</a>, bruising his brain so badly that doctors put him in an induced coma. </p>
<p>After months of treatment and rehabilitation, he was allowed home but complained of short-term memory loss and balance issues. Wallace recalls that someone from the media appeared at Polak’s house, claiming to have the club’s permission to interview him. He says:</p>
<blockquote>
<p>This was something to me that stepped across the line of what was fair and reasonable.</p>
</blockquote>
<h2>What is the ‘public interest’?</h2>
<p>Many stories about footballers’ off-field antics fall into the category of being of public interest, but it’s difficult to see how they are in the public interest. So what is there to guide journalists? </p>
<p>The <a href="https://www.meaa.org/meaa-media/code-of-ethics/">Media Alliance</a>, the <a href="http://acma.gov.au/webwr/_assets/main/lib100084/privacy_guidelines.pdf">Australian Communications and Media Authority</a> and the <a href="http://www.presscouncil.org.au/privacy-principles/">Australian Press Council</a> have codes and guidelines that essentially say the right to privacy should be respected but may be transgressed when there is a clear public interest.</p>
<p>The difficulty is that journalists interpret what is in the “public interest” differently depending on the circumstances, the exclusivity of the story, the numbers impacted, and so on. Figuring out the right thing to do is not an exact science.</p>
<p>A key function of the media is to expose those who transgress laws, rules and common standards. That’s what happened to Hird when his actions as coach during Essendon’s supplements program attracted tough media scrutiny and questioning.</p>
<p>It was in the public interest for Hird’s role to be probed and exposed because he was operating under the codes and rules governing football. In August 2013, Hird was suspended from his position as Essendon coach for 12 months under these rules.</p>
<p>But that’s different to Hird’s current situation. Reporting details of his suspected overdose or filming wife Tania and his children without their consent intrudes on their right to privacy, with no valid journalistic justification. It has no sense of being in the public interest as there is no need nor right for the public to know. </p>
<p>Only, perhaps, a desire to know.</p>
<hr>
<p><em>This piece is based on a <a href="http://www.futureleaders.com.au/book_chapters/pdf/Media-Innovation-Disruption/Bill-Birnbauer.pdf#zoom=80">longer book chapter</a> from Media Innovation and Disruption (2016).</em></p>
<p><em>Readers who are seeking assistance can call Lifeline on 131 114 or beyondblue on 1300 224 636.</em></p>
<p><em>This piece has been amended since publication.</em></p><img src="https://counter.theconversation.com/content/71084/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Bill Birnbauer does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Finding a balance between providing information on public figures like James Hird and minimising harm often is a delicate pickle for journalists.Bill Birnbauer, Senior Lecturer, School of Media, Film and Journalism, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/463302015-08-20T20:25:00Z2015-08-20T20:25:00ZJames Hird and the elusive truth about leadership integrity<p>As James Hird falls on his sword, relinquishing his treasured role of Essendon coach amid a mix of grief and relief, the question remains what went wrong for a leader known for his integrity, on the sporting field at least.</p>
<p>In the end it was Essendon’s record on the field that has proven Hird’s undoing. But how did Hird come to agree to a questionable regime of treatments for his charges? Was he thinking of the risks and consequences to those athletes he was leading? Was he aware or paying attention to the due diligence when decisions were made? </p>
<p>Humans can feel “compelled to comply” by the context they are in, as illustrated in the infamous <a href="http://www.theatlantic.com/health/archive/2015/01/rethinking-one-of-psychologys-most-infamous-experiments/384913/">Stanley Milgram experiments</a> and countless examples throughout history. </p>
<p>Every day, leaders somewhere risk the health and safety of their followers and people opt to blow or not blow the whistle. Weighing up the complex demands of decisions where two or more options are equally attractive or unattractive, causes cognitive dissonance. </p>
<p>The result is difficulty in deciding which way to go, and responses range from impulsivity to paralysis to relieving the ambiguity of the situation. Such dissonance would be experienced by coaches seeking a competitive edge by developing athletes using a range of programs to reach supreme fitness, health and performance whilst simultaneously knowing there are risks and consequences.</p>
<p>Moral dilemmas are common; whether we act with courage or compliance depends on a whole range of factors in any given situation. Societies, groups and individuals decide (develop norms) to determine if is acceptable to make racist or other derogatory statements about people or groups in private, but not in public. </p>
<p>Leadership implies doing something for and with followers, showing integrity means doing the right thing or being consistent across contexts with all the people in the leaders’ influence and whether in public or private. It is not easy to resist the tide of group behaviour or our own natural patterns.</p>
<p>Examples of private selves leaking into the public images have been captured by video or audio where political and sport leaders have shown lapses in judgement that led them to say or do something that revealed perhaps their true rather than espoused values. Recall the politician who <a href="http://www.telegraph.co.uk/news/newstopics/howaboutthat/1906799/I-did-sniff-colleagues-chair-admits-politician.html">smelled a chair of a female colleague</a> or another who opted to take a <a href="https://theconversation.com/bronwyn-bishop-finally-resigns-as-speaker-45559">helicopter to a Liberal party fundraiser</a> in Geelong. </p>
<p>In sport there has been reference to animals along with public derision of Sydney Swans player and Australian of the Year, Adam Goodes. People would be unlikely to make public expressions of racism alone or with a camera on them, but when in a group or not aware of what is around us, those cracks in integrity appear. </p>
<p>Claims of “lapses” have been variously excused depending on how popular or valuable the “culprit” is to a business, investors, brand, society or power groups. Contrast the defence of Eddie McGuire, a valuable brand and let off the hook by many, with Nick Krygios, who has been severely criticised for the sledging of a contestant. Krygios is clearly seen as a valuable sport commodity, but not good for “Brand Australia”, so he has been universally rounded upon. </p>
<p>How other “leaders” come to their defence and excuse or criticise such behaviour illustrates slipping and shifting leadership integrity principles depending on the person displaying the behaviour rather than the actual behaviours. So we need conversations about leadership integrity and to consider the implications of pervasive inconsistencies that apply to people, rather than behaviours that weaken claims of integrity in society, sport and business.</p>
<p>James Hird, despite his solid record of integrity and fairness, is not the first and won’t be the last to have his leadership and integrity decisions made public, scrutinised and challenged. If there had been cameras on him when he made his decision to the treatment (if indeed he did), the decision might have been different. </p>
<p>The situation at Essendon was not an emergency or a disaster where leaders have to make decisions under pressure so errors can be excused; this was likely a decision made over a period of time in several contexts and involving a number of people. The integrity of those involved and their decision as well as the systems and procedures around these moved from private to public examination and have been deflected on to James.</p>
<p>As with many enduring stories with multiple episodes and a cast of thousands, James is the leading man and the elusive “truth” in his leadership integrity is for the time being hidden behind signed agreements until sometime in the future when another truth is told. “History is written by the victors” is an often quoted phrase and for the moment the story is half-told - but the script will be an unfolding leadership-integrity case study for years to come.</p>
<p>James Hird’s resignation is similarly a story of leadership integrity; this narrative is about doing something for his club, the fans and the players. The decision was likely a mix of agony, expediency, care for others, exhaustion, having no alternative or being worn down by the pressures. Whatever the reason, this emerging exemplar of leadership integrity illustrates the real point that authentically showing integrity across all contexts is rare, difficult and potentially traumatic and takes a toll that few people including James can withstand.</p><img src="https://counter.theconversation.com/content/46330/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Elisabeth Wilson-Evered receives funding from Monash University</span></em></p>Moral dilemmas are common; whether we act with courage or compliance depends on a whole range of factors in any given situation.Elisabeth Wilson-Evered, Professor of Management, College of Business, Victoria UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/319522014-09-22T03:53:30Z2014-09-22T03:53:30ZASADA v Essendon: next steps for the winners and losers<p>Federal Court Justice John Middleton’s <a href="http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2014/2014fca1019">decision</a> to uphold the legality of the Australian Sports Anti-Doping Authority (ASADA) investigation into the potential use of banned substances at the Essendon Football Club raises as many questions as its answers.</p>
<p>The “winners” (ASADA and, to a lesser extent, the AFL) are likely to come under pressure to resolve the matter quickly; the “losers” (Essendon and coach James Hird) will be assessing whether to appeal; and the “biggest losers”, the players, will be wondering what to do now.</p>
<p>The Federal Court decision might also nudge Victoria’s workplace health and safety regulator – the Victorian WorkCover Authority (VWA, formerly known as WorkSafe Victoria) – to investigate Essendon Football Club’s failure to protect the health and safety of its players. </p>
<h2>ASADA</h2>
<p>ASADA is the clear winner. Not only did Justice Middleton uphold the legality of its investigation, he interpreted ASADA’s enabling legislation broadly and strongly supported ASADA adopting “innovative processes and methods of investigation”. </p>
<p>First, Justice Middleton found ASADA had power “to do all things necessary or convenient” in connection with its investigation, including cooperating with sporting administration bodies such as the AFL. </p>
<p>Second, Justice Middleton found ASADA’s disclosure of information to sporting administration bodies was within ASADA’s powers if done for the purposes of, or in connection with, an ongoing investigation. </p>
<p>Justice Middleton found ASADA’s disclosure of its interim report to the AFL satisfied both these criteria: it was done to obtain comments from the AFL to inform its continuing investigation; and to assist the AFL’s investigation of Essendon’s internal governance concerning anti-doping matters, something closely connected with the ASADA investigation. </p>
<p>It is important to keep in mind the court case was about whether ASADA’s investigation was conducted in accordance with the law; it was not about whether that investigation has reached the right conclusions. Whether or not Essendon players took banned substances remains to be proven. </p>
<p>ASADA <a href="http://www.asada.gov.au/media/organised_crime_and_drugs_in_sport.html">responded</a> to the Federal Court decision by reiterating its determination to expose what happened at the Essendon Football Club. </p>
<p>But ASADA can also be expected to come under pressure to resolve the matter quickly, possibly by sanctioning a settlement similar to that reached with National Rugby League (NRL) Cronulla Rugby League Club players, whose backdated suspensions resulted in them missing only a handful of games. ASADA described the <a href="http://www.asada.gov.au/media/organised_crime_and_drugs_in_sport.html">NRL settlement</a> as a “good result for sport”.</p>
<h2>AFL</h2>
<p>The AFL was not part of the court action. Nevertheless, Justice Middleton’s decision is a vindication of its joint investigation with ASADA. This may prove to be a pyrrhic victory, however, as the AFL now faces the prospect of another compromised season should Essendon players be suspended. </p>
<p>The AFL, too, can be expected to come under pressure to resolve this matter quickly. An NRL-style settlement that minimises the games players miss clearly is in its interests.</p>
<h2>Essendon Football Club and James Hird</h2>
<p>The immediate issue the Essendon Football Club and James Hird face is whether to appeal Justice Middleton’s decision. Both will have their QCs pore over every word. If there are grounds for appeal, they will find them – although Justice Middleton has been very thorough in his analysis of the facts, and of the application of the law to those facts. There are no obvious errors in his 123-page decision.</p>
<p>If they do not appeal, both Essendon and Hird face legal bills that will run into many hundreds of thousands of dollars. They also face the prospect of not being able to field a team next year.</p>
<p>Equally concerning is the risk of more legal action being brought against them. Potentially the most damming finding in Justice Middleton’s decision was his assessment, based on the evidence before him, that poor governance and management practices at Essendon contributed to possible systemic anti-doping violations by Essendon players. </p>
<p>In highlighting this connection, Justice Middleton strengthens the case that Essendon and its officers may have breached their duty to provide players with a safe and healthy work environment. This is something that should interest both players and workplace health and safety regulators.</p>
<h2>Players</h2>
<p>The Essendon players are the biggest losers, even though were not party to the case. Unless there is an appeal, they will now have to respond to ASADA’s <a href="http://www.theage.com.au/afl/afl-news/asada-showcause-notices-for-dons-20140612-zs64d.html">show-cause notices</a> and face the prospect of being suspended for up to two years.</p>
<p>But the players <em>do</em> have choices. Do they continue their alliance with the Club or seek their own path – legally and/or professionally? </p>
<p>Do they seek an NRL-style deal, or keep faith with Club management that continues to argue there is no evidence they have taken banned substances? </p>
<p>Do they look to the contractual clauses that provide them with redress in the event the Club has breached duties they owe them? And should they sue the Club for breach of those duties – a course already taken by <a href="http://www.smh.com.au/rugby-league/league-news/third-player-joins-lawsuit-against-sharks-20140205-3223i.html">some of their NRL colleagues</a>? </p>
<p>The complexity of these choices is matched only by the implications for the players of getting them wrong.</p>
<h2>VWA</h2>
<p>The VWA remains the “wild card” in the pack. Originally <a href="https://theconversation.com/time-for-ohs-regulators-to-get-off-the-bench-and-into-the-game-17039">reluctant to be involved</a>, the VWA’s hand has been forced by three requests it has received from members of the public for it to investigate the Essendon Football Club, other Victorian AFL clubs, and the AFL itself. Under its legislation, the VWA is required to investigate the matters and advise within three months <a href="http://www.austlii.edu.au/au/legis/vic/consol_act/ohasa2004273/s131.html">whether it will prosecute</a>. </p>
<p>The VWA is <a href="http://www.theage.com.au/afl/afl-news/workcover-health-and-safety-probe-into-afl-clubs-on-hold-20140830-10aeup.html">reported</a> to have been waiting for the outcome of the Federal Court case. Justice Middleton’s comments about Essendon’s poor governance and management practices reinforce the case for it to fully investigate the matter.</p>
<p>The VWA recently was criticised by the Hazelwood Mine Fire Inquiry for adopting a narrow reading of its statutory responsibilities, and for the passivity which it <a href="http://report.hazelwoodinquiry.vic.gov.au">discharged those responsibilities</a>. Failure to act on the Essendon supplements saga runs the risk the VWA will again be seen as failing to discharge its role as the state’s health and safety regulator.</p>
<p>Justice Middleton’s decision is far from the end of the Essendon supplements saga. All actors in the saga have important decisions to make. The next days, weeks and months may be as interesting as those just passed.</p><img src="https://counter.theconversation.com/content/31952/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Eric Windholz worked with the Victorian WorkCover Authority from 2001 to 2009, including as General Counsel and General Manager, Strategic Programs and Support.</span></em></p>Federal Court Justice John Middleton’s decision to uphold the legality of the Australian Sports Anti-Doping Authority (ASADA) investigation into the potential use of banned substances at the Essendon Football…Eric Windholz, Lecturer in Law and Associate, Monash Centre for Commercial Law and Regulatory Studies, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/155502013-08-14T20:26:50Z2013-08-14T20:26:50ZHuman experimentation and ethics at Essendon Football Club<figure><img src="https://images.theconversation.com/files/29237/original/d55k67w9-1376456639.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Essendon coach James Hird outside his home on August 14, 2013 after the AFL charged him and four other club officials for bringing the game into disrepute over the alleged banned supplements scandal.</span> <span class="attribution"><span class="source">Julian Smith/AAP</span></span></figcaption></figure><p>The news that the <a href="https://theconversation.com/essendon-charged-with-bringing-the-game-into-disrepute-a-history-of-footy-scandals-16801">AFL has charged</a> James Hird, and other members of the Essendon Football Club’s management staff (including the club doctor, Bruce Reid) with bringing the sport into disrepute should surprise no-one. </p>
<p>Despite Hird’s protestations, this was always the most likely outcome. Essendon captain Jobe Watson’s revelations that he had been injected with the banned substance <a href="https://theconversation.com/glossary-sports-science-drugs-13408">AOD-9064</a> in unprecedented quantities couldn’t have been overlooked. </p>
<p>And the equally concerning claim that some sort of a sports science experiment had been conducted at Essendon was too plausible to be ignored. Whether we will ever know the full details or not, it’s clear that something went badly wrong.</p>
<p>When the AFL sits down to consider the extent to which Essendon officials brought the game into disrepute, I hope they will consider the wider ethical implications of what has occurred.</p>
<p>In many regards, the issue of whether the Essendon players received a boost from the program is irrelevant. The reality is we don’t know whether AOD-9064, thymosin beta-4 or CJC-1295 enhances performance. </p>
<p>The chances are that they don’t work, or if they do, we don’t know whether it’s purely down to the placebo effect. But that’s not the point. </p>
<p>Those who prescribed the drug and those who condoned its use neither had evidence for its safety nor its efficacy. The clinical trials of AOD-9064 only established that it was an inefficient anti-obesity drug. And that was within bounds that appear to have been fantastically exceeded in the Essendon program.</p>
<p>The bottom line is that due to a lack of evidence, no-one could be sure whether it was safe to administer AOD-9064 in large quantities to a group of fit young footballers. Neither could anyone predict the outcome.</p>
<p>To understand just how serious the Essendon case is, it helps to know something about the evolution of medical ethics over the last 150 years.</p>
<h2>A short history of medical ethics</h2>
<p>Once upon a time, medical ethics mainly consisted of a code that regulated the behaviour of medical practitioners towards each other. And it insisted on the significance of the Hippocratic Oath to place patients first.</p>
<p>This held right of way into the 20th century – doctor’s were supposed to treat each other with respect, not to steal each other’s patients, or criticise other doctors’ diagnoses or treatments; they also promised to treat their patients as best as they could.</p>
<p>But the Second World War and its aftermath changed all that. One of the many Nazi atrocities that came to light during the Nuremberg trials was that of horrific human experimentation undertaken by a number of doctors.</p>
<figure class="align-right ">
<img alt="" src="https://images.theconversation.com/files/29236/original/dkxrd663-1376455722.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/29236/original/dkxrd663-1376455722.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=479&fit=crop&dpr=1 600w, https://images.theconversation.com/files/29236/original/dkxrd663-1376455722.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=479&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/29236/original/dkxrd663-1376455722.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=479&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/29236/original/dkxrd663-1376455722.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=602&fit=crop&dpr=1 754w, https://images.theconversation.com/files/29236/original/dkxrd663-1376455722.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=602&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/29236/original/dkxrd663-1376455722.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=602&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Karl Brandt was sentenced to death for a number of crimes including medical experiments on humans, and hanged on June 2, 1948.</span>
<span class="attribution"><span class="source">Wikimedia Commons</span></span>
</figcaption>
</figure>
<p>During their trial, the defendants argued that they broke no laws when conducting these experiments. The defence was rejected by the Nuremberg judges. </p>
<p>In handing down their sentence in 1947, the judges put forward a code they believed should guide human experimentation. This was later enshrined and extended in the World Medical Association’s <a href="http://www.wma.net/en/30publications/10policies/b3/">Declaration of Helsinki</a> (1964).</p>
<p>The key elements of Nuremberg and Helsinki were an insistence on the welfare of the patient and the absolute necessity of informed consent. </p>
<p>The Helsinki Declaration has gone through several revisions, but recalling the words of the first article of the Nuremberg Code should put the Essendon case into perspective:</p>
<blockquote>
<p>The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion.</p>
</blockquote>
<h2>Does it apply?</h2>
<p>Make no mistake, this was a group of vulnerable young men, no matter how strong or tough. They were immersed in a culture that places loyalty to the club at a premium, coached and mentored by one of the club’s greatest legends, and overseen by a highly respected doctor.</p>
<p>It’s not too strong to suggest that their freedom of choice was curtailed, or that subtle and not-so-subtle forms of fraud, deceit and duress were part-and-parcel of the administration of the program.</p>
<p>Over time, the Helsinki Declaration’s iterations paid more attention to experimental design and research protocols. This is hardly suprising given the many scandals that occurred around the testing and introduction of new drugs in the post-war period.</p>
<p>Between 1959 and 1961, for example, contaminated polio vaccine was tested on babies at <a href="http://www.theage.com.au/articles/2004/10/24/1098556293576.html">Victorian orphanages</a>. And the <a href="http://www.thalidomide.ca/summary/">thalidomide disaster</a> in the early 1960s was one of the many instances that catalysed the introduction of new protocols insisting on ethical conduct in the design and implementation of clinical trials.</p>
<p>We know that the pharmaceutical industry has often rorted the system. But to run a clinical trial and put it through the wringer of regulatory approval involves adherence to detailed protocols insisting on informed consent and the protection of participants.</p>
<p>As far as we know, there was no ethical clearance for what occurred at Essendon. Nor was there anything other than a purely speculative hypothesis about what a failed anti-obesity drug might do to enhance performance.</p>
<p>Ethically, this is a failure of governance on every level. It cuts against the gains that were made by the introduction of the Nuremberg Code and the successive revisions of the Helsinki Declaration – gains that were won at the cost of human lives and human rights.</p>
<p>It’s plausible that affected Essendon players might argue that their human rights have been contravened by this tawdry “experiment”. And it would be fitting for this to be recognised and no penalties attached to their part in the affair.</p>
<p>The case of those who oversaw or condoned the administration of the “supplements” program is altogether different. Here ignorance is no defence and, unless the AFL acts accordingly, they too will be party to the abuse.</p><img src="https://counter.theconversation.com/content/15550/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>James Bradley does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The news that the AFL has charged James Hird, and other members of the Essendon Football Club’s management staff (including the club doctor, Bruce Reid) with bringing the sport into disrepute should surprise…James Bradley, Lecturer in History of Medicine/Life Science, The University of MelbourneLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/139742013-05-07T01:21:10Z2013-05-07T01:21:10ZEssendon drugs crisis: more questions than answers in Switkowski’s half-baked report<figure><img src="https://images.theconversation.com/files/23288/original/49hhs59p-1367881348.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">'Deeply sorry': Essendon chairman David Evans announced the findings of the Switkowski report into governance issues at the AFL club.</span> <span class="attribution"><span class="source">AAP/David Crosling</span></span></figcaption></figure><p>From the outset, Ziggy Switkowski defined <a href="http://www.essendonfc.com.au/news/2013-05-06/dr-ziggy-switskowski-report">his report</a> on Essendon’s supplements program as “constrained” because two parallel investigations could not be compromised.</p>
<p>What Swiztowski calls constrained could more accurately be termed “failure”, as the independent investigation into controversial activities at Essendon could not be fully revealed.</p>
<p>Essendon had good intentions to lay bare its administrative practices and controversial supplements program but the report falls short of expectations. It’s flawed. The AFL and ASADA “parallel” reviews no doubt restricted Switkowski’s charter to present a full perspective of Essendon’s internal workings. </p>
<p>Information on the compliance of Essendon’s supplements program with anti-doping codes is described as “no go” area, as:</p>
<blockquote>
<p>Questions about the pharmacology of certain supplements, their possible performance-affecting properties, compliance or otherwise with anti-doping codes, etc, are issues for the AFL and ASADA investigations, which still have some way to go.</p>
</blockquote>
<p>This statement is a classic “handball” – towards the turf where the AFL and ASADA are wading through considerable evidence. The independent review fails to confront the issues the AFL and its fans were hoping for.</p>
<p>The report is also a “no go” zone on the practices of sports scientist Stephen Dank, whose services were terminated at Essendon last year. <a href="http://www.news.com.au/sport/afl/shane-charter-opens-up-on-former-essendon-sports-scientist-stephen-dank/story-fnelctok-1226634945498">Speculative reports</a> on Dank’s methods continue to surface, but swift action is needed for the truth to prevail.</p>
<p>Switkowski reported an abnormal level of activity in the supplements program created:</p>
<blockquote>
<p>… a disturbing picture of a pharmacologically experimental environment never adequately controlled or challenged or documented within the club in the period under review. </p>
</blockquote>
<p>The program was characterised with:</p>
<blockquote>
<p>… the rapid diversification into exotic supplements, sharp increase in frequency of injections, the shift to treatment offsite in alternative medicine clinics, emergence of unfamiliar suppliers. </p>
</blockquote>
<p>This confirms what has already been reported in the media. There was a disturbing revelation that the supplements program contributed to the “marginalisation of traditional medical staff”. Dr Bruce Reid, an experienced club doctor who has served Essendon since 1982, was <a href="http://www.theage.com.au/afl/afl-news/club-doctor-frozen-out-20130411-2holp.html">on the outer</a>, as the supplements program created issues within the medical department. </p>
<p>It is absurd that “exotic” supplements were given to players when they had not been medically cleared by more qualified personnel. This allowed a rampant use of supplements, which in hindsight, didn’t appear to generate a performance advantage. The Bombers crashed to finish 11th on the 2012 AFL premiership ladder, losing ten of their last 13 matches.</p>
<p>The Bombers’ form slump last year raises the following questions. Did the Essendon players ride on a psychological high after winning the eight of their first nine games, knowing they were taking “cutting-edge” supplements? How effective were these “exotic” supplements to match-day performance? Did the supplements help accelerate recovery and help repair the players’ soft tissue?</p>
<p>The report reveals that methods used by the fitness staff “were always legal and compliant”. While Essendon senior coach James Hird reportedly insisted that all supplements “must be WADA and ASADA compliant”, the report revealed recording and monitoring processes were inadequate.</p>
<p>Switkowski reported that all club activities fell under the responsibility of the chief executive, who must oversee football operations. This statement takes the pressure off the football men, the key operators who have been scrutinised in the media.</p>
<p>“If commercial priorities consume his (the chief executive’s) time and attention, steps must be taken to ensure proper oversight of football operations,” Switkowski reported.</p>
<p>The responsibility of the questionable practices swings away from the coach and football department leaders, the report reveals. Is this a sign that Essendon’s business leaders are claiming some blame for the dysfunctional practices in the football division? Or is this purely one of Switkowski’s findings? </p>
<p>Who looks after the football division – the chief executive, the football manager or the coach? It seems that workplace standards need a complete overhaul at the club, which has seen a huge turnover of personnel after the reign of Kevin Sheedy ended in 2007.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/23290/original/cp4xnqb5-1367883610.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/23290/original/cp4xnqb5-1367883610.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/23290/original/cp4xnqb5-1367883610.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/23290/original/cp4xnqb5-1367883610.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/23290/original/cp4xnqb5-1367883610.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/23290/original/cp4xnqb5-1367883610.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/23290/original/cp4xnqb5-1367883610.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Several key figures at Essendon - including CEO Ian Robson and coach James Hird - have been so far spared from having their jobs placed in jeopardy over the drugs saga.</span>
<span class="attribution"><span class="source">AAP/David Crosling</span></span>
</figcaption>
</figure>
<p>It appears the football department passed the buck internally when it came to documenting usage in its supplements program. While all clubs are focused on pushing the boundaries to find the winning edge, Essendon’s lack of stringent monitoring appears to be a key factor in triggering the supplements investigation.</p>
<p>The AFL expects its clubs to operate professionally, and while the Switkowski report exposes some gaping holes in football operations, the clubs will be forced to tighten up its procedures to prevent such a scandal from disrupting the club.</p>
<p>The report raises many questions. The mess is still unresolved as football fans pore over details of a deficient club. But the main question relates to accountability. Who will be accountable for Essendon’s mismanagement? Will there be a sacrificial lamb? </p>
<p>Key men at Essendon are holding on for dear life. Meanwhile the results of the AFL and ASADA reviews threaten to derail the Bombers’ first-class year.</p><img src="https://counter.theconversation.com/content/13974/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Julie Tullberg does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>From the outset, Ziggy Switkowski defined his report on Essendon’s supplements program as “constrained” because two parallel investigations could not be compromised. What Swiztowski calls constrained could…Julie Tullberg, Coordinator of Online Journalism and Sports Journalism, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/139132013-05-04T00:07:21Z2013-05-04T00:07:21ZDrugs in sport saga: do the fans really care?<figure><img src="https://images.theconversation.com/files/23178/original/x7vgmv54-1367557542.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">As the drugs scandal continues to plague Essendon, its 'hardcore' fans have stood by the club and embattled coach James Hird.</span> <span class="attribution"><span class="source">AAP/David Crosling</span></span></figcaption></figure><p>When the <a href="https://theconversation.com/topics/drugs-in-sport">drugs in Australian sport</a> investigation was announced in early February, much was made of the importance of protecting fans from the actions of wrongdoers. But here we are, three months into this investigation and attendance records are being set, membership sales are strong and public interest in sport seems solid. It raises the question – do sport fans really care?</p>
<p>We haven’t heard much from fans on this topic outside of social media. With so much of the detail still being questioned, this is probably because many sports fans themselves don’t know what to think about it all. Gauging public views on issues like this is always very difficult. Opinions shift quickly, and you often only hear from those with a particular axe to grind.</p>
<p>Late last year, however, we <a href="http://www.sciencedirect.com/science/article/pii/S1441352312000721">surveyed</a> over 17,000 Australian adults about their sport interests and behaviours. In addition, each year we survey over 70,000 season ticket holders from 25 different teams across four different sports. The data gives some insights into how fans might react.</p>
<p>Around 15% of Australians claim to have little or no interest in sport. So, they wouldn’t care about a scandal? Well, actually, a scandal reinforces the negative attitude these people have towards sport – it justifies their decision not to engage and thus makes conversion of them to fans that much harder for sporting codes in the future.</p>
<p>Among those who do follow sport are two very different groups. At one end of the scale sit those intense fanatics who cannot envision life without their favourite team. Comprising less than 10% of any team’s fanbase, these are the “hardcore” fans that never miss a game, demolish club debts and update merchandise annually. </p>
<p>At the other end sit those who consume sport as circumstances dictate but can go for years without ever attending events. They follow their team through media or friends, and view sport as just one of many entertainment options in their lives. These more casual fans comprise around 50% of any team’s fanbase. Though less engaged, they are still vitally important for the impact they have on TV ratings, sponsorship and word of mouth due to their numbers. Large AFL teams would have more than 250,000 casual fans.</p>
<p>This is common of any brand or product category - heavy users will be massively outweighed by light users. Heavy and light users, however, react very differently to adverse information about their brands.</p>
<p>Hardcore Essendon fans, for example, will be collecting information about the drugs scandal that engulfs their club like a diligent spy. They will read widely and discuss intensely as they look for ways to balance what is being said about their team, with what they have grown to believe over their lives (that is, “Essendon is great”). </p>
<p>These fans are so strongly identified with the club that it is now part of who they are. An attack on the club is an attack on them. But there is one thing hardcore fans consistently tell us would lead them to abandon the club – if the club was hit by a scandal that it failed to respond to properly. So it’s not the mistake, it’s how it is dealt with. Hardcore fans will give the benefit of doubt, they will pay attention to the clubs communications and they will make an informed decision about whether the club still reflects who they are.</p>
<p>Casual fans have their opinions shaped more strongly by others: that is, media, friends and family. They think less about sport and consume it less often, and thus their brand associations are less evolved, less considered. The casual fan might see recent news coverage and assume Australian sport is riddled with drugs. Casual fans consume sport because it is fun and a way of achieving other important goals like going out with the family or making small talk with taxi drivers.</p>
<p>Professional sport risks no longer being seen as a good way of socialising with the family if fans worry about their kids getting too competitive and failing to learn moral values. This is supposed to be fun but it’s hard to feel good watching your team have a win if you are worrying about what they did to get it. Sport under this sort of cloud fails to fulfil its basic function for casual fans, and they simply switch their attention to other sources of entertainment when it all gets too hard.</p>
<p>So yes, fans care about issues like drugs in sport, even those people who don’t really care that much about the sport. When AFL boss Andrew Demetriou talks about the <a href="http://www.news.com.au/breaking-news/afl-chief-executive-andrew-demetriou-defends-codes-integrity-in-face-of-drugs-in-sport-scandal/story-e6frfkp9-1226575355862">integrity of the game</a>, he knows it’s not just a buzzword. More important than the spectacle, more important than ticket prices or food and beverage is that sport provides people with a fun form of escapism they can be proud to be associated with. </p>
<p>Australia’s sport managers are amongst the best in the world. They will need to be at their best to ensure the fun isn’t knocked out of footy.</p><img src="https://counter.theconversation.com/content/13913/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Heath McDonald consults to and conducts research with the AFL, Cricket Australia and several other professional and community sport teams. He currently receives funding from the Australian Research Council and the AFL as part of an ARC Linkage grant with colleagues from Melbourne University and Temple University (USA).</span></em></p>When the drugs in Australian sport investigation was announced in early February, much was made of the importance of protecting fans from the actions of wrongdoers. But here we are, three months into this…Heath McDonald, Professor and Head of Marketing, Swinburne University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/120852013-02-10T03:03:22Z2013-02-10T03:03:22ZEssendon scandal a symptom of Australia’s sporting woes<figure><img src="https://images.theconversation.com/files/20053/original/3ng9ffmj-1360283991.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Coach of Essendon James Hird talks with assistant coach Mark Thompson in 2011.</span> <span class="attribution"><span class="source">AAP/Martin Philbey</span></span></figcaption></figure><p>The Australian Crime Commission report released last week, <a href="http://resources.news.com.au/files/2013/02/07/1226572/544748-acc-reoport.pdf">Organised Crime and Drugs in Sport</a>, claims Australian sport, especially at the professional level, has a serious drug use problem. </p>
<p>According to the ACC, this problem centres on the use of products – and especially <a href="https://theconversation.com/essendon-faces-a-doping-investigation-but-what-are-peptides-12042">peptide hormones</a> - often marketed as supplements, but which can also contain banned substances. These peptide hormones comprise a complex arrangement of amino acids, and while some are quite benign, being similar to whey-protein supplements that can be purchased over the counter, others are more potent, and have the capacity to stimulate the production of growth hormones in the pituitary gland.</p>
<p>These Growth Hormone Releasing Peptides (GHRPs) are, according to the ACC, used across a broad spread of sports, and have become a performance-enhancing substance of choice. And, as the ACC politely notes, GHRPs are mostly banned under the rules of the World Anti-Doping Agency (WADA). As a result, their use could be in violation of anti-doping rules.</p>
<p>The ACC also noted it has been able to identify individuals with “extensive criminal associations” building “business partnerships with major Australian sporting codes”. This development is not only demonstrably unhealthy from an organisational perspective, but it was also hinted that this relationship may adversely influence the behaviour of some club officials. The report stated the ACC had evidence to suggest some coaches, sports scientists and support staff had “orchestrated and/or condoned the use of prohibited substances and/or methods of administration”.</p>
<p>Suddenly, the major <a href="http://www.theage.com.au/afl/afl-news/essendon-engulfed-by-drug-controversy-20130205-2dwmb.html">drug-use scandal</a> that erupted at the Essendon Football Club earlier this week comes as less of a shock. At Essendon, it was discovered players had been given a mysterious cocktail of supplements during the 2012 season, and as a result of subsequent player concerns about their efficacy and legitimacy, the club’s senior officials decided to seek advice from the AFL Commission and the Australian Sports Anti-Doping Authority (ASADA). </p>
<p>Supplements are usually not a problem since, for the most part, they are freely available over the counter. They are relatively benign from a health-risk perspective, and they do not usually contain substances that are banned under the WADA anti-doping code. In the Essendon case, though, things may have been different.</p>
<p>First, it has been <a href="http://www.abc.net.au/news/2013-02-06/ex-bomber-mcveigh-slams-drug-allegations/4504638">alleged</a> by former player Kyle Reimers, but <a href="http://www.abc.net.au/news/2013-02-06/ex-bomber-mcveigh-slams-drug-allegations/4504638">challenged</a> by fellow former Bomber Mark McVeigh, that players were asked to sign a waiver transferring the risk of use from the club to the player. </p>
<p>Second, the so-called supplement was allegedly administered by injection rather than taken orally, and was done off site, presumably in a doctor’s surgery or medical centre. </p>
<p>Third, it appeared players were <a href="http://www.dailyadvertiser.com.au/story/1284454/would-you-want-your-son-playing-afl/?cs=12">not fully informed</a> about the nature of the supplement, its chemical composition, and where it fell within the WADA regulations. </p>
<p>Finally, and even more strangely, <a href="http://www.theage.com.au/afl/afl-news/dream-teams-nightmare-20130205-2dwkc.html">it’s possible</a> neither the club’s chief medical officer, nor the head-coach, were aware players were taking this substance.</p>
<p>The Essendon case deserves serious interrogation for a number of reasons. Problems will always arise when supplements are used without proper knowledge about their contents, efficacy, and legitimacy. </p>
<p>Players have the right to know what they are putting into their bodies, and supervisors who fail to do this are derelict in their professional responsibilities. Players are often not well informed on technical issues, and are therefore vulnerable to the pronouncements of medical officers, coaches and trainers.</p>
<p>It’s also clear that the Essendon’s communication network was unbelievably inadequate. It is amazing that such an important issue like a “mass” substance injection was apparently not fully understood by almost everybody that had an interest in actually being well-informed on the matter. Either the players’ supervisor had an enormous amount of autonomy, and was free to use his professional capabilities to engineer his own player improvement program, or the coaching and medical staff did know what was going on, but were confident no rules were being broken or player rights were being denied.</p>
<p>Whatever actually happened in this case – and we still only partly understand what transpired over the course of the 2012 season - it does not reflect all that well on the management of the Essendon Football Club, and the responsibility it has for the protection of the health and well-being of its players. </p>
<p>The claim this “mystery supplement” may have secured the players an unfair advantage, and was therefore a not-too-subtle example of cheating, has merit. However, it pales into relative insignificance when contrasted with the club’s cavalier attitude to the rights of players, and its shambolic organisational communication system.</p>
<p>The ACC report and the related Essendon incident have two important implications for the progress of Australian sport.</p>
<p>At the micro level it suggests the football club has a lot to do both on and off the field of play if it wants to reclaim its position as one of Australia’s leading sports clubs. </p>
<p>At the macro level, it is now time to reconsider sports’ drug regulation regime, and begin to look at alternatives to its punitive and coercive ethos. One such approach is introduce a model of “disclosure regulation” that forces clubs and players to state their supplement and drug use protocols, and make them subject to public scrutiny. </p>
<p>This will lead to greater transparency, enhanced accountability, and a more mature and rational way of managing a troublesome social practice.</p><img src="https://counter.theconversation.com/content/12085/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Bob Stewart does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The Australian Crime Commission report released last week, Organised Crime and Drugs in Sport, claims Australian sport, especially at the professional level, has a serious drug use problem. According to…Bob Stewart, Associate Professor in the School of Sport and Exercise Science, Victoria UniversityLicensed as Creative Commons – attribution, no derivatives.