JBG? Comment on FA Statement regarding Malky Mackay and Iain Moody.
Just A Ball Game? (JBG?) who raise awareness around LGBT inclusion and challenge what is seen as homophobia or anti-gay,are very disappointed (but not surprised) that The Football Association (FA) has after a long investigation in line with the FA's own anti-discrimination policies taken the decision not to charge former Cardiff City and Wigan Athletic manager Malky Mackay and Iain Moody, a former employee of Cardiff and Crystal Palace, for alleged racist, antisemitic, sexist and homophobic comments revealed by the Daily Mail in August 2014.
We at JBG? want to see all football authorities take a zero tolerance to all discrimination within the game.
Just A Ball Game? (JBG?) who raise awareness around LGBT inclusion and challenge what is seen as homophobia or anti-gay,are very disappointed (but not surprised) that The Football Association (FA) has after a long investigation in line with the FA's own anti-discrimination policies taken the decision not to charge former Cardiff City and Wigan Athletic manager Malky Mackay and Iain Moody, a former employee of Cardiff and Crystal Palace, for alleged racist, antisemitic, sexist and homophobic comments revealed by the Daily Mail in August 2014.
We at JBG? want to see all football authorities take a zero tolerance to all discrimination within the game.
The Football Association (FA) announced that Malky Mackay and
Iain Moody are not being charged for alleged racist, antisemitic, sexist
and homophobic comments. See the FA statement here:
"The FA has
undertaken a thorough and detailed investigation in connection with
inappropriate language contained within text messages and an email sent
by Iain Moody, and text messages sent by Malky Mackay when they were
employed by Cardiff City FC.
The messages, sent between June 2011 and March 2014, were obtained by
Cardiff City FC in March 2014. The FA first became aware of the
messages in August 2014. The messages were provided in full to The FA in
October 2014.
To date, The FA’s policy in cases such as this has been to not bring charges in respect of private communications sent with a legitimate expectation of privacy.
The FA’s investigation looked at all aspects of the communications, including the context in which the communications were sent. The evidence was then reviewed by a QC with particular expertise in sports’ disciplinary proceedings and employment law.
Having assessed the evidence, and in light of the finding that the communications were sent with a legitimate expectation of privacy, The FA will not be taking disciplinary action against Iain Moody and Malky Mackay in connection with the content of those messages.
However, The FA has spoken to both Iain Moody and Malky Mackay about the inappropriateness of terms used in the messages. Both individuals have acknowledged that such terms are not acceptable. Mr Mackay has also voluntarily undertaken equality and diversity training.
The FA is in the process of carrying out a complex review involving all stakeholders on how communications, and in particular those involving discriminatory language, which may be viewed as taking place in private should be treated in the future.
The English game remains determined to eliminate discriminatory conduct in all its forms and will look to introduce a policy on private conduct that underpins the collective commitment of stakeholders to make this happen.
Wider review
In addition to investigating the context in which the communications referred to above were sent, The FA has conducted an investigation to establish whether Iain Moody and Malky Mackay engaged in discriminatory behaviour during their time at Cardiff City FC.
The FA has pursued every lead and encouraged anybody who wanted to provide information or evidence to do so. Malky Mackay and Iain Moody have been interviewed at length and 27 potential witnesses, based in the UK and overseas, have been spoken to.
All of the information and evidence gathered during this process has been carefully assessed, with the assistance of a QC. At this stage no disciplinary charges will be brought against either Malky Mackay or Iain Moody in respect of their conduct whilst they were employed by Cardiff City FC.
The FA has reached its decisions based on the information and evidence currently available to it. Should more information or evidence come to light then The FA reserves the right to bring disciplinary action as appropriate.
Other developments in The FA’s investigation
The FA has at all stages sought to conclude this matter as quickly and efficiently as possible. However, the investigation has been lengthened considerably due to serious concerns about the circumstances in which particular evidence provided to The FA had been given and the reliability and completeness of that evidence.
The nature of these concerns, which The FA treats with the utmost seriousness, has necessitated significant further inquiries by The FA and the liaison with external law enforcement agencies.
The FA reserves the right to open further investigations if deemed appropriate. No further comment will be made in this respect."
To date, The FA’s policy in cases such as this has been to not bring charges in respect of private communications sent with a legitimate expectation of privacy.
The FA’s investigation looked at all aspects of the communications, including the context in which the communications were sent. The evidence was then reviewed by a QC with particular expertise in sports’ disciplinary proceedings and employment law.
Having assessed the evidence, and in light of the finding that the communications were sent with a legitimate expectation of privacy, The FA will not be taking disciplinary action against Iain Moody and Malky Mackay in connection with the content of those messages.
However, The FA has spoken to both Iain Moody and Malky Mackay about the inappropriateness of terms used in the messages. Both individuals have acknowledged that such terms are not acceptable. Mr Mackay has also voluntarily undertaken equality and diversity training.
The FA is in the process of carrying out a complex review involving all stakeholders on how communications, and in particular those involving discriminatory language, which may be viewed as taking place in private should be treated in the future.
The English game remains determined to eliminate discriminatory conduct in all its forms and will look to introduce a policy on private conduct that underpins the collective commitment of stakeholders to make this happen.
Wider review
In addition to investigating the context in which the communications referred to above were sent, The FA has conducted an investigation to establish whether Iain Moody and Malky Mackay engaged in discriminatory behaviour during their time at Cardiff City FC.
The FA has pursued every lead and encouraged anybody who wanted to provide information or evidence to do so. Malky Mackay and Iain Moody have been interviewed at length and 27 potential witnesses, based in the UK and overseas, have been spoken to.
All of the information and evidence gathered during this process has been carefully assessed, with the assistance of a QC. At this stage no disciplinary charges will be brought against either Malky Mackay or Iain Moody in respect of their conduct whilst they were employed by Cardiff City FC.
The FA has reached its decisions based on the information and evidence currently available to it. Should more information or evidence come to light then The FA reserves the right to bring disciplinary action as appropriate.
Other developments in The FA’s investigation
The FA has at all stages sought to conclude this matter as quickly and efficiently as possible. However, the investigation has been lengthened considerably due to serious concerns about the circumstances in which particular evidence provided to The FA had been given and the reliability and completeness of that evidence.
The nature of these concerns, which The FA treats with the utmost seriousness, has necessitated significant further inquiries by The FA and the liaison with external law enforcement agencies.
The FA reserves the right to open further investigations if deemed appropriate. No further comment will be made in this respect."
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