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Essex Cricket continues to act swiftly with an independent inquiry into historic allegations of racism at the Club and we can now outline the Terms of Reference, which have been drawn up by Katharine Newton QC.

The investigation will commence on Monday 6 December 2021 and although no exact date has been set for completion, the findings will be presented to the Club in the new year.

Anyone wishing to contribute towards the investigation can do so by emailing the dedicated reporting channel at [email protected] The closing date for receipt of information to be considered by this inquiry is 23 December 2021.


Terms of Reference

1. INTRODUCTION

1.1) Essex County Cricket Club (‘ECCC’) has recently become aware that a number of former players have made allegations in the media that they were subject to racist abuse and racially discriminatory treatment during their time at ECCC.

1.2) In addition, an allegation has been made that John Faragher, former Chair of ECCC, used racist language during a Board Meeting in 2017, and that having had the matter reported to the Board in 2018, ECCC failed to properly investigate or respond to the allegation.

1.3) In view of the seriousness of these complaints, ECCC has determined that it is necessary to instruct external leading counsel to conduct an independent investigation into these allegations, and any other allegations of racially discriminatory behaviour that are brought to the attention of ECCC (‘the Investigation’).

1.4) Katharine Newton QC (‘the Investigator’) has been appointed to conduct the Investigation. Ms Newton has over 20 years’ practice in employment and discrimination law, and has considerable experience in conducting investigations of this nature.

2. PURPOSE AND SCOPE OF THE INVESTIGATION

2.1) The purpose and scope of the Investigation is to:
(A) Independently investigate the allegations referred to at 1.1 and 1.2 above;
(B) Independently investigate any other allegations of racially discriminatory behaviour referred to the Investigator by ECCC; and
(C) Make recommendations including, if appropriate, specific recommendations to address areas where the Investigator considers organisational practice and/or the culture of ECCC could be improved in relation to preventing and responding to any allegations of discriminatory behaviour.

2.2) Anyone who wishes to contribute to the investigation can do so by emailing the dedicated reporting channel at [email protected] The closing date for receipt of information is 23 December 2021. All emails received at this address will be forwarded to the Investigator.

2.3 Should any individual raise further allegations concerning ECCC directly with the Investigator (either in writing/by email or during the course of any interview), the Investigator will seek to obtain the individual’s consent to inform ECCC of the relevant allegations. If consent is obtained, the Investigator will inform John Stephenson, Chief Executive Officer at ECCC, and it will be for ECCC to determine whether some or all of the allegations should fall within the ambit of the Investigation. If the individual does not provide consent, the allegation(s) will not be investigated as part of the Investigation. It will be for ECCC to determine which allegations fall within the ambit of the Investigation.

2.4 These Terms of Reference may be amended by mutual agreement between the Investigator and ECCC, in the event they need to be expanded at any time.

3. PROCESS

3.1) It will be for the Investigator, in her absolute discretion, to determine the process to be adopted in conducting the Investigation. This includes, but is not limited to:
(A) Requesting the production of such relevant documents and information as the Investigator considers appropriate;
(B) Conducting interviews with such individuals as the Investigator considers appropriate;
(C) Determining whether a Maxwellisation/Representations Process is appropriate and if so how that process should be undertaken;
(D) Producing the Report.

3.2) ECCC undertakes to cooperate with the Investigator and to use its best endeavours to arrange and facilitate the matters set out at 3.1(A) and (B) above. ECCC will also provide appropriate administrative support to the Investigator.

3.3) The Investigation shall commence on 6 December 2021. The Investigator will progress the Investigation as expeditiously as possible and produce the Report as soon as reasonably practicable.

3.4) The Investigator will present her conclusions in the form of a formal written report sent to John Stephenson, Chief Executive Officer at ECCC.

29 November 2021

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