The Essendon Football Club supplements saga was a sports drug doping controversy that occurred during the early- and mid-2010s. It centred around the Essendon Football Club, nicknamed the Bombers, a professional Australian rules football club based in Melbourne and playing in the Australian Football League (AFL). The club was investigated starting in February 2013 by the Australian Sports Anti-Doping Authority (ASADA) and the World Anti-Doping Agency (WADA) over the legality of its supplements program during the 2012 AFL season and the preceding preseason. After four years of investigations and legal proceedings, thirty-four players at the club were found guilty of having used the banned peptide Thymosin beta-4 and incurred suspensions.
The initial stages of the investigation in 2013 made no findings regarding the legality of the supplements program. Still, they highlighted a wide range of governance and duty-of-care failures relating to the program. In August 2013, the AFL fined Essendon $2 million, barred the club from the 2013 finals series, and suspended senior coach James Hird and general manager Danny Corcoran as a result of these findings.
The second phase of the investigation resulted in thirty-four players being issued show cause notices by ASADA and infraction notices by the AFL in 2014, alleging the use of Thymosin beta-4 during the 2012 season. After facing an AFL Tribunal hearing in the 2014/15 offseason, the players were initially found not guilty. The decision was then appealed by WADA to the Court of Arbitration for Sport (CAS), which returned a guilty verdict on 12 January 2016. The guilty verdict was unsuccessfully appealed in the Federal Supreme Court of Switzerland. The thirty-four players were suspended for two years, affecting seventeen still-active AFL players who missed the 2016 season as a result of the findings.
Supplements program details
On 28 September 2010, former captain James Hird was named as Essendon's new coach from 2011 on a four-year deal. Former dual premiership-winning coach and Essendon triple-premiership winning player Mark Thompson later joined the coaching panel. Thompson introduced Essendon to performance coach Dean Robinson, with whom he had worked at Geelong; and, at Robinson's suggestion, they were introduced to sports scientist Stephen Dank. The club believed that it was lagging the rest of the competition in its supplements, particularly to aid player recovery. Subsequently, the club hired Robinson as high-performance coach in September 2011 and hired Dank as a sports scientist in November 2011. Dank was given primary responsibility to establish and run the supplements program.
The program primarily comprised subcutaneous injections of supplements to improve soft tissue recovery times, to enable players to endure and benefit from a heavier training workload. The players signed consent forms for the program and were assured that all substances were ASADA-approved. The program included injections of AOD-9604, colostrum, Tribulus and an unspecified variety of thymosin supplement which was described on forms only as "thymosin" – which the Court of Arbitration for Sport (CAS) would later conclude was the banned, performance-enhancing thymosin beta-4 variety. The program also included supplements in pill form and intravenous vitamin drips. The program was intended to be leading-edge, and many features of the program which were legal at the time, including Tribulus and intravenous vitamin C, were outlawed by 2014. Most of the supplements were administered away from Essendon's Windy Hill facilities. A total of 38 players consented to the program, although ASADA ultimately pursued cases against only 34 of those players, based on the supporting evidence it found through the investigation. The program of injections began in November 2011.
In January 2012, Essendon's club doctor, Dr Bruce Reid, raised concerns about aspects of the program to the club. In particular, Dank had not liaised with Reid on the details of the program, which included administering substances that Reid had not personally approved, which was against the historical chain of accountability within the club. Reid wrote a letter to Hird and club general manager Paul Hamilton in January, recording his opinion that the substances Dank was administering were "playing at the edge" of legality with the potential to "read extremely badly in the press for [the] club", and that he was unconvinced that either the benefits or the side effects were well understood. At that point, the club's administrators agreed that Reid's approval was required in the future; however, evidence gathered during the investigation indicated Reid was largely kept out of the loop from that point on. Player Luke Davis gave evidence that he was instructed to keep the injections secret from Reid and other coaching staff, although other players disputed that they received such instructions.
In May 2012, in a meeting of club administrators including Reid and Dank, Dank was directed to cease giving injections to players; however, evidence given by players indicated that the program was reduced rather than ceased, with many continuing to receive injections until as late as July. Evidence showed that Dank continued to liaise with sports scientists and pharmacists to seek new supplements into August; investigations later described the program as being often experimental in nature. Dank was dismissed from the club in September 2012 because he had made unauthorised expenditures, the exact nature of which was not made public.
Essendon's on-field performances during the 2012 season began strongly and finished weakly, a coincidence which was later scrutinised in the context of the program. At the end of May, when the program began to be rewound, the club sat second on the ladder with an 8–1 record. The club then began to lose many players to soft tissue injuries; it won three of its next six games during the middle part of the year to drop to sixth; then lost its last seven games to finish eleventh with an 11–11 record. The CAS acknowledged these observations in its findings, noting that they carried no weight as evidence but describing them as "at least not inconsistent" with the timeline of the program. Essendon captain Jobe Watson won the 2012 Brownlow Medal as the league's fairest and best player, the game's most prestigious individual award, a title later stripped from him as a result of the supplements saga.
Self-report and 2013 investigations On 5 February 2013, Essendon reported itself to the AFL and the Australian Sports Anti-Doping Authority (ASADA) over concerns about the program. Two days later, the Australian Crime Commission (ACC) released a broad report entitled "Organised Crime and Drugs in Sport", the culmination of a twelve-month investigation which outlined an increase in illegal activities in sport across Australia, including drug use, match-fixing, and links to organised crime; part of the report dealt with an increase in the seizure and use of steroids and illegal supplements, and included an anonymous reference to Essendon's program. The timings of these events led to speculation that the AFL, having been privy to a confidential briefing on the ACC report, had tipped off Essendon and encouraged the club to self-report before the report went public, but this was never proven and was denied by the AFL. Within days, Essendon removed banners and murals from the façade at Windy Hill bearing the words "whatever it takes", which was the slogan of the club's 2013 membership drive, but now carried unfortunate doping connotations; the club struggled to distance itself from the bad publicity associated with the slogan in the wake of the scandal.
Following Essendon's self-reporting, ASADA and the AFL launched a joint investigation into the supplements program and conducted that investigation over the next sixteen months. During the early phase of the investigation, much attention and media speculation fell on the anti-obesity supplement AOD-9604, which had appeared on consent forms and was acknowledged to have been administered in the program, including by Essendon captain Jobe Watson during a television interview.I took banned drug: Watson The legal status of AOD-9604 at the time of the program was uncertain: it was not explicitly listed as banned under Category S2 of the World Anti Doping Agency (WADA) code, but it had not been approved for human use by the Therapeutic Goods Administration and therefore could be considered as banned under the more general Category S0, which applied to any substances not approved for human use. The official position of WADA was that AOD-9604 had been considered a banned substance under Category S0 since 2011, and it clarified this publicly to ASADA on 22 April 2013. After considering its legal position, ASADA declared that it would not pursue any cases relating to AOD-9604 use before 22 April 2013, determining that it would be too difficult to achieve a guilty verdict for a supplement that had not yet explicitly been declared banned.
Parallel to the AFL-ASADA investigation, Essendon commissioned former Telstra CEO Ziggy Switkowski to conduct a full independent review of governance and processes of the club. Switkowski's report, which was delivered on 6 May 2013, identified significant failings in governance which would later be repeated in ASADA's findings. On 23 May 2013, Essendon CEO Ian Robson resigned, agreeing with the Switkowski report's assessment that a lack of proper process had occurred in 2012. In late July, Essendon chairman David Evans resigned due to health concerns, and was replaced by deputy chairman Paul Little, who had served on the board since 2011."New Essendon chairman Paul Little reiterates Bombers' support of embattled coach James Hird". News Ltd, 29 July 2013. Retrieved 1 August 2013.
At the same time as Essendon was being investigated, the Cronulla-Sutherland Sharks club from the National Rugby League was also under investigation for its 2011 supplements program. Stephen Dank was a common factor, as he had been employed at Cronulla as a sports scientist during that program; he was later banned for life from involvement in rugby league for his role in that program.
August 2013 interim report and governance charges On 2 August 2013, almost seven months into the investigation, ASADA released an interim report to the AFL and Essendon Football Club. The interim report made no findings regarding the legality of the supplements program, but highlighted a wide range of governance and duty-of-care failures related to the program. On 13 August 2013, based on the interim report, AFL general counsel Andrew Dillon charged Essendon with "conduct that is unbecoming or likely to prejudice the interests or reputation of the Australian Football League or to bring the game of football into disrepute, contrary to AFL Rule 1.6". The charges included: Having "engaged in practices that exposed players to significant risks to their health and safety as well as the risk of using substances that were prohibited by the AFL Anti-Doping Code and the World Anti-Doping Code". Allowing "a culture of frequent, uninformed and unregulated use of the injection of supplements" at the club. Had "failed to meaningfully inform players of the substances the subject of the program and obtain their informed consent to the administration of the substances". Having an incomplete record-keeping system made it impossible to determine with certainty whether or not players had been administered banned supplements. The bypassing of human resources practices relating specifically to the employment of Robinson and Dank.