FUNDAMENTAL changes in the way racist and sectarian abuse is dealt with by the Scottish Football Association are to be introduced after a Scotland on Sunday investigation exposed flaws in the system.
Chief executive David Taylor wanted to act quickly after the SFA came in for stinging criticism - and was condemned in a parliamentary motion - when we revealed last week how an investigation of racist abuse by a player in the East of Scotland League
ruled the case was "not proven" without the complainant being invited to give evidence.
In an exclusive interview with Scotland on Sunday, Taylor revealed that he now hopes to have new measures in place for similar cases by the end of the year. The move follows the profile given in this newspaper to the governing body's handling of Spartans player Dan Gerrard's complaint that he was called a "black bastard" by Whitehill Welfare's Wayne McIntosh.
Taylor has admitted the procedures applied following the incident in an East of Scotland League game on August 6 are "not good enough to investigate properly and deal with the difficult cases of racist remarks on football pitches".
Gerrard, speaking in this newspaper last week, expressed dismay that a "could not be proved" verdict was the outcome of a disciplinary committee hearing that neither he nor McIntosh were able to attend. He labelled the governing body's procedures "not fit for purpose" after the committee did not speak to any party involved, including a Spartans player named as a witness and a Whitehill Welfare management team member who encouraged McIntosh to apologise to Gerrard on the day of the match. Only written submissions from the two clubs were considered - the practice in such cases. Subsequent to the adjudication, an appeal by Spartans failed on the grounds there was no mechanism for this. The inaction only served to confirm Gerrard's fears that the SFA were not equipped to deal with such a complaint.
As a result of his speaking out in this newspaper last week, MSP Margo MacDonald tabled a motion to the Scottish Parliament condemning the SFA for "failure to honour the standards set by UEFA to combat racism in football by its inept and unfair dismissal of the charge of racism levelled against Wayne McIntosh". Yet Taylor, having "looked at the papers" detailing the case, has concluded "we will have to stand by the decision of the disciplinary committee" after "no flaws in terms of the existing procedures" were shown up by the not proven verdict.
The chief executive believes the issue has now moved on. "The nub of the problem is proof," said Taylor. He maintains that a letter the SFA received from McIntosh, in which he "vehemently denied" directing a racist comment towards Gerrard, and written submissions from Whitehill stating "foul and abusive language" was the motive for asking the player to apologise to Gerrard, means the disciplinary committee acted with the "best intentions".
"This is not the way these cases should be handled," Taylor conceded. "It is wrong, in my view. We are going to review it and I am going to review it personally. I have become more involved in this case than maybe I would have expected but we require improved policies and processes that set out very clearly how complaints can be made and dealt with.
"Not just administratively, but by the committee. The committee has to be persuaded and agree in future they will act differently. That would mean in this type of case, even if there are postponements, even if there are delays, we need to get the parties to be able to be cross-examined. At the meeting preferably, but alternatively through some form of investigation carried out by a security adviser or someone else.
"We have to take these next steps to create a more transparent procedure. I will personally be attending the next disciplinary meeting on December 13 to put forward these proposals. Over the next six weeks I will also be writing to all clubs, both to make them aware that racist and sectarian language is not acceptable on a football field and also to inform them of our procedural review which will be a two-stage process.
"Quite a lot will come out of this case and I welcome racism being profiled and being up the agenda. I cannot see why we cannot get changes to the disciplinary procedures to deal with racism and sectarianism in place directly. Then we must also look at new offences in Scottish football that might carry a tariff or a penalty. That might need to be introduced at the end of the season because you cannot change the penalty points system midway through."
The new directives Taylor is determined to introduce will merely bring the SFA into line with UEFA. He does not accept that his association have failed Gerrard in only now adopting policies on cases of racist abuse that their European counterparts introduced four years ago. "Clearly, from the player's and Spartans' point of view, they haven't had this dealt with as they would like. I accept that, though that is not to make a comment on whether their allegation was right or wrong. We cannot interfere with the decision of the committee but we can give confidence these matters will be treated seriously.
"In any future instances, it will not be a question of 'oh, the SFA will just not do anything'. No, a recognised mechanism will be in place to give them special attention and that is some comfort to Dan Gerrard or others who might face such a situation. We accept the current procedures are designed for other forms of misconduct. Racist and sectarian abuse are treated under the general provisions of 'significantly serious misconduct'. That applies more to tackles and off the ball incidents, where there tends to be video evidence.
"These matters need to be dealt with in a different way. Now, the proof of the pudding is in the eating, so some will say 'let's see a racism or sectarian case come right through and a player or official be suspended before judging the new system'. I take that point."
It is the point that Dan Gerrard would make.
Being the catalyst for significant rule changes gives him little satisfaction when these will not bring about the "rightful" outcome following the racist abuse he suffered 106 days ago. "I am glad it has now been established that the SFA's disciplinary procedures are faulty," he said. "But it doesn't do anything for my case and on reflection even the procedures that were in place should have been equipped to deal with what happened.
"In a letter from the SFA, my club was assured McIntosh had 'a case to answer' and that my evidence was 'very important'. Yet he answered no case and my evidence was never heard. Before the hearing we were not told by the SFA that Whitehill Welfare had performed a 180-degree turn in denying McIntosh had made any racist comment after they had accepted that on the day by bringing him to apologise to me. As I did in this newspaper last Sunday, I again want to place on record: McIntosh is a racist and a liar. The fact he has made no public response to me stating that a week ago speaks volumes."
WHY SOMETHING HAD TO BE DONE
LAST week we reported for the second time on the case of Dan Gerrard, a black player whose allegation of racial abuse against an opponent was kicked into touch by the Scottish Football Association.
Not only was he denied a hearing, but when he tried to appeal the decision, he was rebuffed for a second time.
The SFA's decision to find the case "not proven" provoked a stream of outraged correspondence in letters and to the comment section on our website. Mike Doyle from Milton Keynes was typical. "Being a proud Scot," he wrote, "every week I pass this paper onto colleagues at work. I'm afraid I will be making an excuse on this occasion because I feel I have nothing to be proud about."
His view was echoed elsewhere. Margo MacDonald's motion to Parliament, calling for the SFA to be censured for its inept handling of the case, certainly concentrated minds at Hampden in a way in which they had not appeared to have been previously focused.
But credit where it is due. This week David Taylor, the head of the SFA, went out of his way to make amends. He argued - wrongly in our view, but sustainably - that the SFA's bylaws made it impossible to go back on the decision to clear Wayne McIntosh, the player accused of abusing Gerrard.
Yet Taylor did the right thing by acknowledging that the SFA's protocols are no longer adequate to deal with a problem which, along with scourge of sectarianism, is rightly the focus of increasing international attention.
Gerrard failed to get a fair hearing, but while this paper's campaign has not helped to bring about a resolution to his personal crusade, it has ensured that those who turn to the governing body for redress in future can be confident that they will be taken seriously.
It may have been too late, but it wasn't too little.
Richard Bath, Sports EditorThe full article contains 1572 words and appears in Scotland On Sunday newspaper.
