18 January 2023

Kick It Out criticises FA panel for John Yems ‘not a conscious racist’ finding

18 January 2023

Kick It Out has criticised a Football Association independent panel for concluding that former Crawley manager John Yems is “not a conscious racist” and labelled his 15-month ban from the game a “slap in the face” to his victims.

Yems admitted to one charge and was found guilty of 11 others relating to comments that referenced either ethnic origin, colour, race, nationality, religion, belief or gender between 2019 and 20222.

An independent regulatory commission found four others to be unproven as the 63-year-old was earlier this month banned from all football-related activity up to and including June 1, 2024.

The written reasons for Yems’ sanctions were published on Tuesday, which indicated the FA pushed for a two-year suspension, but the independent panel agreed with Yems’ solicitors that his client was not a racist and neither did he “ever intend to make racist remarks”.

A number of players from the League Two club took grievances to the Professional Footballers’ Association, which sparked the investigations.

Yems, who took charge of Crawley in December 2019, was suspended for 12 days prior to his dismissal in May.

On Wednesday, anti-discrimination campaigners Kick It Out issued a strongly worded statement in response to the findings of the independent regulatory commission.

“The discriminatory language outlined in the FA independent panel report is simply shocking,” the statement read.

“Given the seriousness of the incidents detailed, it is very hard to understand how the FA independent panel have concluded that ‘Mr Yems is not a conscious racist’. We do not share that viewpoint. The behaviour outlined in the report must be called out for exactly what it is, racism and Islamophobia.

“To speak plainly, a 15-month ban given the severity of the 11 proven charges is a slap in the face to the victims of the discriminatory abuse detailed in this report and anyone who has been subject to racism or Islamophobia.

This decision also sets a dangerous precedent by allowing perpetrators to hide behind a ‘banter’ defence when intentionally using harmful and discriminatory language

“Furthermore, to reduce his prolonged string of offensive, Islamophobic, and racist remarks to simply being ‘misplaced jocularity’ shows a total lack of understanding about the damage that this language can cause or the power dynamics that exist in the game.

“This decision also sets a dangerous precedent by allowing perpetrators to hide behind a ‘banter’ defence when intentionally using harmful and discriminatory language, and we will be in touch with the FA to understand how the panel came to their conclusion.

“We applaud the courage of the victims of this case for coming forward and would encourage anyone involved in the game who sadly find themselves in similar situations to get in touch with us at Kick It Out.”

Chair of Kick It Out Sanjay Bhandari felt the conclusion of Yems not being a conscious racist was “dangerously muddled thinking” which confused motive with intent.

He said on Twitter: “It seems to offer a ‘get out of jail’ card to reduce sanctions and we expect to hear this kind of defence disingenuously repeated in other cases. It will discourage future whistleblowers.

“In sport, normal employment practices often seem not to apply. These are young, ambitious people at work and they are entitled to be treated with basic respect and dignity.

“In that context, a ban of 15 months seems very light. That is about the same as an average coach’s sabbatical between jobs.

“If this was another industry, there is a good chance he would lose his career. In my old profession, lawyers have been struck off for lesser behaviour.”

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