LoveBroker
Two weeks ago

Players Association won't rule out Stand Down policy.

In short BA wanted to implement a Stand Down policy (to be in line with the NRL) for players facing serious criminal charges as early as November 2020.

The ABPA rejected it.

Now with the backlash Holmes says we won't rule it out.

It should never have been rejected at all.


https://www.adelaidenow.com.au/sport/basketball/australian-basketball-players-association-refuses-to-rule-out-introducing-standdown-policy/news-story/c1bc949cd17c3e7c1741446f929ce51c

The Australian Basketball Players' Association has refused to rule out introducing a stand-down policy, just months after knocking back Basketball Australia’s attempt to implement one as Mitch Creek continues to play with assault charges hanging over his head.

In the wake of Creek’s ongoing alleged assault allegations, the NCA NewsWire can reveal BA proactively sought to introduce a policy in November 2020 to provisionally suspend persons charged with relevant criminal offences as part of the sport’s national integrity framework.

There were no known incidents at the time, but Basketball Australia wanted to take the lead of the NRL with a strong stand-down stance.

This policy was tabled with the Australian Basketball Players’ Association in good faith to seek to present a unified position on such issues, but the Players’ Association did not agree with introducing such a policy at the time.

Australian Basketball Players’ Association won’t rule out introducing a stand-down policy in the wake of Mitch Creek’s alleged assault allegations. Picture: Getty Images
Australian Basketball Players’ Association won’t rule out introducing a stand-down policy in the wake of Mitch Creek’s alleged assault allegations. Picture: Getty Images
Basketball Australia will continue to pursue the introduction of such a policy.

ABPA CEO Jacob Holmes revealed the introduction of a stand-down policy across basketball remained a possibility when contacted on Tuesday.

"We have been in ongoing discussions with Basketball Australia regarding their national integrity framework and continue to work with all relevant stakeholders to establish appropriate policies and procedures," Holmes said.

In the meantime, Creek is free to play for South East Melbourne, although the NBL could yet stand him down again after his legal team argued for his reinstatement.

The NBL has its own league code of conduct that it can enact, but the league chose to refer the matter to the Basketball Australia Integrity Unit, which must follow a process in line with the national integrity framework.

It does not include the power to stand someone down in circumstances such as these.

Basketball Australia’s processes do not, however, in any way restrict the NBL or an NBL club from taking their own action in accordance with their own codes of conduct or employment agreements.

Creek has been allowed to continue to train and play with the Phoenix. Picture: Getty Images
Creek has been allowed to continue to train and play with the Phoenix. Picture: Getty Images
It comes after strong criticism of the league’s decision to allow Creek, who was charged by Victorian Police on March 15 for allegedly assaulting a woman last November, to resume training and playing with the Phoenix.

The 28-year-old has been charged with intentionally causing injury, recklessly causing injury and unlawful assault over an incident in Melbourne’s western suburbs on November 22 last year.

Having originally stood Creek down, the NBL was legally forced to let him train and play after his lawyer questioned the league’s rules, which don’t include a stand-down policy like the NRL.

As a result, Creek’s representatives stressed there were no legal grounds to stop the Phoenix forward from playing.

His lawyers, who have announced they will be defending the charges, also believe he should be allowed to play unless he is convicted.

But the NBL still has the authority to reverse their position depending on the outcome of a court hearing on April 21.

Topic #48325 | Report this topic


Anonymous  
Two weeks ago

Great damage control attempt by the NBL.

Once again Larry tries to pass the buck onto someone else.

Reply #841182 | Report this post


Anonymous  
Two weeks ago

What does Lk's Burner think....https://twitter.com/LknblB

Reply #841183 | Report this post


Anonymous  
Two weeks ago

#183 dumbest twitter account ever

Reply #841186 | Report this post


LoveBroker  
Two weeks ago

Once again Larry tries to pass the buck onto someone else.


It was BA who proposed it and the ABPA who wouldn't ratify it.

What should Larry do or say on this matter?

Reply #841187 | Report this post


koberulz  
Two weeks ago

Once again Larry tries to pass the buck onto someone else.
What the fuck are you talking about?

The NBL had the opportunity to come out and say "we tried to put in a stand down policy, but the ABPA wouldn't let us. We're forced to reinstate Creek." instead, they said "we've decided to reinstate Creek."

Literally the exact opposite of damage control.

Reply #841189 | Report this post


Kobefoolz  
Two weeks ago

Oh no, he's back. flush....

Reply #841190 | Report this post


LoveBroker  
Two weeks ago

Thats right, the NBL copped a lot of flak from a lot of fans, but took the high road.

I would have published the ABPA's rejection of the proposal right after Creek and his legal team decided to push for playing.

Reply #841207 | Report this post


Anonymous  
Two weeks ago

Rugby league had serious problems, they had to implement those rules, basketball is not in that position. Surely no player should be allowed to be forced not play until at least a police investigation has taken place, anyone could make up any shit just to get players into trouble. Are there not afl players playing today that have chargers or investigations hanging over their heads?

Reply #841216 | Report this post


LV  
Two weeks ago

[Are there not afl players playing today that have chargers or investigations hanging over their heads?]

Jordan De Goey, charged June last year for indecent assault. Still no outcome.

Reply #841221 | Report this post


LoveBroker  
Two weeks ago

Rugby league had serious problems, they had to implement those rules, basketball is not in that position.


Both sports strive to market themselves as family oriented entertainment / contests. There are leagues with and without such protocols that aim to protect the image and intergity of the respective competitions. I would hope the NBL were one of those who wanted to protect its image, and they were trying to achieve that.

This extends beyond criminal charges too and often outside of professional sports as well.

An long time NBA commentator got fired for tweeting All Lives Matter in the mist of the George Floyd incident.

Gina Carano got fired from Disney / Mandalorian because she tweeted her support for one particular side of politics.

Reply #841223 | Report this post


koberulz  
Two weeks ago

Rugby league had serious problems, they had to implement those rules, basketball is not in that position.
What? You shouldn't do the right thing until you've had lots of chances to do the wrong thing?

Surely no player should be allowed to be forced not play until at least a police investigation has taken place, anyone could make up any shit just to get players into trouble.
Creek was charged after a four month investigation.

Reply #841225 | Report this post


Anonymous  
Two weeks ago

So in your logic, "Koberulz (hypocrisy)" what would a 4 month investigation entail? It's clear, that it isn’t clear, so it’s time now that you sit this one out, previous threads demonstrated your lack of understanding on law and process.

Reply #841231 | Report this post


Anonymous  
Two weeks ago

I said no player stood down until a police investigation, no point standing down players just on a complaint. Yes basketball should do the correct thing once there is police proof, just don't stand down players on innuendo, in Creek case he should be stood down.
You seem to write a lot but your comprehension is not real good.

Reply #841232 | Report this post


Bolt  
Two weeks ago

Poor Gina.

Reply #841237 | Report this post


Anonymous  
Two weeks ago

"Koberulz (hypocrisy)"

Oh you're still doing this bit?

Reply #841240 | Report this post


Anonymous  
Two weeks ago

232 - you say police proof.

Every case is different.

In some cases police proof is cctv footage, multiple independent witness statements, dna evidence and the like.

In cases like that a stand down might be quite appropriate.

In other cases people are charged with a criminal offence in complete "he said, she said" situations.

In the latter situation, then after an employer does its own due diligence and satisfies itself that their employee has a viable defence then a stand down can be deemed completely inappropriate.

It is rarely black and white. Most times there is a huge amount of grey.



Reply #841293 | Report this post


Anonymous  
Two weeks ago

Many interesting bits of info in that article.

I couldn't quite understand the apparent contradiction between these two statements:

", the NBL was legally forced to let him train and play after his lawyer questioned the league’s rules, which don’t include a stand-down policy like the NRL."

and

“the NBL still has the authority to reverse their position depending on the outcome of a court hearing on April 21.”

Why can’t they exercise their authority now? Isn’t the hearing simply to assess if the case should proceed to trial? I.e., just a confirmation of the police decision to level the various charges against Creek? How does it change the NBL’s ability to stand Creek down if there’s no stand down policy? It’s hard to understand what the true situation is.

Reply #841307 | Report this post


Anonymous  
Two weeks ago

You would think if it proceeds to trial that the police think they have a strong case and the nbl would probably stand him down, if it doesn't go to trial he can continue but also has continued playing in the meantime.

Reply #841308 | Report this post


Anonymous  
Two weeks ago

Thanks Anon.

My confusion is how the NBL would become legally empowered to stand Creek down (second statement) if the reason he's playing now is because they have no legal right to stand him down (first statement).

The only thing I can think of is if Creek changes his plea to 'guilty' at the hearing, then the NBL would become empowered to stand him down. Otherwise, I don't understand how the NBL's apparent lack of a legal right to stand him down would change, following the hearing.

Maybe it has something to do with if there's an actual criminal trial in progress? Maybe their rules allow for standing down a player in such circumstances (e.g., the rules around bringing the league into disrepute); or could they argue allowing him to play might affect the outcome of the trial (if it'd be a jury trial)?

It's hard to know what's going on behind the scenes.

Reply #841336 | Report this post


Anonymous  
Two weeks ago

"My confusion is how the NBL would become legally empowered to stand Creek down (second statement) if the reason he's playing now is because they have no legal right to stand him down (first statement)."

My reading of it is that the NBL referred to the matter to the BA Integrity Unit and they have no such powers to stand a player down while their investigation is ongoing. Their investigation was delayed due to the court hearing being delayed, so Creek's lawyers dug their heels in and demanded he be allowed to play.

Once the BA investigation is complete, meaning the initial hearing will determine what some of the evidence is and the likelihood of conviction, then BA can determine that Creek has breached the BA Code of Conduct or similar and he may me stood down again.

Failing that, the club or the league will make their own determination that Creek has brought the game into disrepute or breached his contract and stand him down or sack him. I think the league was caught with their pants down a little bit due to the delay in the hearing but my guess is their issues will resolve itself after the hearing.

Reply #841338 | Report this post


Anonymous  
Two weeks ago

https://australia.basketball/wp-content/uploads/2018/02/00b-Integrity-Framework-QA_WEBSITE-VERSION.pdf

This document outlines the investigation process. If BA determines that the evidence of their investigation (which will include matters presented at the court hearing) is enough to punish Creek then they can take further action and it sounds like they will.

Reply #841339 | Report this post




 

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