Now Homeless - here's why

Ken rang me Friday to tell me that the mortgage company have foreclosed on him and changed the locks on his family home. He is now homeless and jobless, and forced to rely on his military survival skills.

He says he has made up his swag and a ration pack, and is OK for now, but he's obviously very shaken by the experience of being thrown out of the home he's lived in since he was born. He says - with his usual gallows humour - he's now Australia's newest street kid.

To recap for those who don't understand how this could happen:-

Ken went public with his story after enduring years of taunting and discrimination because of his sexuality.

As a result of Kens sexuality being made known in the press (it was already known privately to most people locally, including footy club officials and members), Bonnie Doon football club removed him as a trainer.

They said they did so because parents would be worried having Ken around underage boys, and this might affect recruitment. This led to Ken being called a paedophile and spat at in the streets of Mansfield (see previous posts).

Mud sticks, unfortunately, and although the club accepts there is no suggestion Ken is or was ever a paedophile, nor have here ever been any complaints against him, the damage has been done. BDFC have so far refused to make a public apology or retraction.

Ken was replaced as trainer at Bonnie Doon by one of the senior managers from the local DSE, who he alleges was responsible for much of the taunting he has endured, and for blocking his attempts to gain paid employment with them. The same local DSE recently made a sizeable cash gift to the club.

Al this meant Ken could no longer get work. He used to earn a living, not as a fireman, but as a forest contractor for DSE and other local forestry employers (and employed people himself). The DSE will no longer do business with him now that he has gone public with his story.

People who used to work alongside him fear to associate with him and have been warned not speak to the media about the situation. Other potential employers will not touch him, because places like Mansfield are tight-knit communities and people are unwilling to offend the DSE and in particular the local DSE management. It is, after all, a high fire-risk area.

As regards the tribunal, the process is playing out with regards to both the DSE and Bonnie Doon football club. The DSE have repeatedly refused to do anything other than request the case be thrown out as groundless. They have employed every possible blocking and delaying tactic, hoping to wear Ken down.

Local politicians, including Tony Lupton, David Davis, Gavin Jennings (the Minister responsible) and others have been approached by the RJM Trust on Kens behalf but have declined to meet with us or to assist, saying that the matter is being handled and please let us know how the
tribunal turns out. This is of no help to Ken, of course.

Ken had been reduced to ekeing out a living selling firewood, but the last time he came down to Melbourne for a tribunal hearing, he returned to Mansfield to find his entire stockpile had been set alight in his absence.

As the old saying goes, "there's no proof, but I've lost sixpence and you're eating lollies."

Today Tonight sniffed around the story a while back but lost interest. Maybe A Current Affair will pick it up.

Ken is homeless at the onset of winter. It's going to be a long cold wait for him till the tribunal grinds out a conclusion - see previous posts for a timeline.

Thanks for any practical help any of you can offer - it will be much appreciated. Please feel free to ask if there is any more information you would like or if you can help Ken in any way.

The RJM Trust, for which I work, is providing Ken with legal representation in all his cases against both BDFC and DSE.

Doug

Homophobia Hypocrisy

Yesterday a seminar was held at Mansfield Town Hall, led by Sue Hackney of rural gay youth outreach program Way Out.
The seminar was supported by shire mayor Marg Attley. She said it took a whole community working together to change and stop nurturing homophobic attitudes. Great words. However, she has not lifted a finger to help the most visible victim of homophobia in her town, Ken Campagnolo.
When confronted by questioners she could not explain why the council had made no efforts to help Ken in his struggle with the DSE and the Bonnie Doon football club.
When reporters from the paper later attempted to question her on the issue they were told she had gone to Melbourne for three days - although it is reported that she was in the next room at the time, and could be glimpsed through a glass door.
Efforts to combat homophobia in rural areas and save young people from isolation and self-harm will founder unless local community organisations such as the football and netball clubs are front and centre in the effort.
Instead Ken, who trained many young footballers over the years, continues to suffer without any support from the local politicians who pay lip service to the notion of combatting prejudice.

Mansfield Courier

Complaints of discrimination

Written by RICHARD JAGO.

FORMER trainer with the Bonnie Doon Football Club, Ken Campagnolo,
who claimed he was dismissed from his position with the club a year ago
on account of his sexuality, is seeking to have his day in court.

The bisexual volunteer trainer and sometime firefighter has lodged
10 complaints of discrimination with the Victorian Equal Opportunity
and Human Rights Commission.

The complaints cite the AFL, the Victorian Country Football League,
the Benalla and District Football League and the Bonnie Doon Football
Club (BDFC).

Mr Campagnolo is seeking formal apologies and the opportunity to
clear his name, which he believed has been tarnished by his dismissal
as a trainer.

A complaint against the Department of Sustainability and Environment
(DSE) relating to Mr Campagnolo’s claimed inability to regain
employment with the organisation on account of his sexual orientation
is before the Victorian Civil and Administrative Tribunal.

An article in the Mansfield Courier in April last year started a
train of interest in Mr Campagnolo’s case, including the attention of
several leading lights.

Local politicians, Sophie Mirabella (MHR, Indi) and Kaye Darveniza
(Member for Northern Victoria) expressed interest in the case, the
latter forwarding the correspondence to Attorney General Rob Hulls.

Former Victorian premier, Jeff Kennett, called both Mr Campagnolo
and president of the BDFC, Terry Dale, in an attempt to mediate, but
without result.

When approached by the Mansfield Courier this month, Mr Dale said he
was unaware of any complaint lodged with the Victorian Equal
Opportunity and Human Rights Commission and declined to comment.

The AFL has a detailed member protection policy designed to provide
a working environment where all employees are treated fairly and
equitably and are not subjected to unlawful discrimination or sexual
harassment.

But when the the Mansfield Courier asked the AFL legal department
last year whether any action arising from the allegations was
contemplated, it was advised that no action would be taken.

Mr Campagnolo has claimed publicity surrounding his departure from
the BDFC and public statements by the DSE have meant he has been unable
to obtain work of any kind in the district and is now close to losing
his house.

When quizzed about his intentions in raising the complaints, Mr
Campagnolo said he wanted to have his name cleared from any
presumptions within the public arena that may disparage his character.

"It is illegal in Australia to sack a person because of his
sexuality - I’ve given them 12 months to do something - they’ve done
nothing and now I want action," he said.

"But I don’t want to see the BDFC hurt in any way - I’d rather
not seek compensation from the club, it’s the AFL and VCFL that set the
rules."

Mr Campagnolo is being assisted with legal representation by
country-based philanthropist, Robert Mitchell, who has set up a trust
to assist people who have suffered sexuality-motivated discrimination.

Mr Mitchell said he wants to see discrimination in rural clubs
reversed by following the very successful AFL anti-racial
discrimination model.

"The AFL needs to expand this model to stop discrimination on the basis of sexual orientation too," he said.

"It requires leadership to achieve this.

"The ‘A’ in ‘AFL’ means everyone gets a fair go - that’s the Australian thing."

Quick update

I will make a more detailed post later, but it appears matters are finally moving in Ken Campagnolo's fight.
At a recent VEOHRC hearing the Bonnie Doon Football Club (BDFC) were not prepared to make a public apology to Ken for the hurt and harm caused as a result of their sacking him as a trainer.
But at the direction of the commission, the RJM Trust is now working on a draft public apology for the BDFC, VCFL, VFL and AFL to sign. This will form the basis of further negotiations.
Ken is not seeking compensation, only the restoration of his good name and reputation, and reinstatement at the club in his former position.
The Mansfield Courier has today published a full account of his case, and tomorrow Sue Hackney of rural gay youth outreach group Way Out will hold a two hour information session on the impact of homophobia at Mansfield Town Hall, supported by the Mayor.

Handled appropriately

The state government says Kens case against the Department of Sustainability & Environment is being properly dealt with. Cabinet Secretary Tony Lupton told the RJM Trust he had looked into the matter at their request and was 'satisfied' it was being 'handled appropriately', but did not go into details.

Meanwhile Ken's case against the Bonnie Doon football club, which sacked him as sports trainer after the Herald Sun published the story of his battle with the DSE, comes before the Victorian Equal Opportunity & Human Rights Commission again tomorrow.

When first interviewed by bnews the president of the club admitted he was breaking discrimination law but claimed he had no choice because of a possible backlash from the parents of some of the clubs teenage players.

What are they afraid of?

News has just come to hand that the Department of Sustainability and Environment is making a fresh application to have Ken's case struck out without a hearing.
This has all the hallmarks of the standard tactic used by bullies who know they are on shaky ground, but believe they have greater resources than the other side - wear the little man down and exhaust his resources by continual objection, so that the case never receives a full hearing and the strength or otherwise of their defence is never exposed.
One wonders why DSE are so anxious to avoid scrutiny of their actions and the testing of their evidence in open hearing. What have they got to hide?
They have already tried to pressure witnesses not to appear on Kens behalf: now it would appear they don't want any of their own to appear either.
What have they got to hide?

Who is Ken Campagnolo?

Ken Campagnolo is a typical Aussie country bloke. He still lives in what was the family home. He’s served his country in the armed forces. A forestry worker and fire-fighter for much of his civilian life, he’s held a forest operators licence for 19 years. He has certificates in fighting wildfires and plantation fires, tree seed collection, tree-felling, 4-wheel driving, using chainsaws and explosives, and more.

Skilled firefighter
His skills and abilities as a fire-fighter have long been recognised. Since 1996 he’s worked as a Project Fire-fighter for the Department of Sustainability and Environment (1996-8), and for Hancock Plantations (1998-2002). He’s worked as a contractor for the Department on many occasions over the years.

In 1998 a DSE magazine published his team leaders account of Kens actions during a fire, praising his skills and his strength. In 2002 a DSE duty operator put him in charge of three CFA units fighting a fire. In 2006 he was on bulldozer support, helping fight the fires in Mansfield/Mount Buller, under DSE direction and control.

Knocked back by DSE
But since February 1998 – when his position as Project Fire-fighter for the DSE was terminated because of a decision to reduce numbers due to “lack of work” – his applications for a job with the Department have been repeatedly knocked back.

Finally, in October 2004 DSE told him they wouldn’t give him a job because of his “unsafe work practices”. He was “not a team player”, with an “unsatisfactory attitude.”

Yet this man with alleged “unsafe working practices” was working for them under contract at the time, had been repeatedly employed by them as a contractor for years; under those contracts, as DSE knew, he employed others to work under his supervision; this man who was “not a team player” fought fires alongside their staff; this man with an “unsatisfactory attitude” was placed in control of CFA units during a fire by a DSE duty officer; and as late as 2006 was still helping fight fires under their direction and control.

"Because you're a poof"
It was during those 2006 fires that Ken was given another reason – perhaps the real reason - why he couldn’t get a job. As he was leaving the Delatite Hotel in Mansfield after a meal with his fellow fire-fighters, he says a DSE manager told him “you can fight the fires for free but you will never get a job with DSE because you are a poof”.

Ken & Barbie
Ken identifies as bisexual, but this hadn’t been generally known until the DSE staff Christmas party 1997, when that same DSE manager gave him a Barbie doll – singled him out, the only adult to receive a gift. The gift was given in front of the other workers, their families, children and some members of the public. And remarks were made about his sexuality.

Ken says that for years afterwards, Barbie dolls were frequently attached to his locker – a play on ‘Ken & Barbie’, they now say. But no other Ken was mocked this way.

Many times while working in the forests for Hancocks or on DSE contracts this same man – along with other DSE staff - drove by, calling him a poofter. When Ken employed others to work with him on DSE contracts, this same man and his cronies publicly referred to them as “The Pink Brigade.”

Despite numerous complaints, nothing was ever done about this harassment.

Fighting back
Finally, in 2007, Ken went public. His stories were confirmed by colleagues and others in the town of Mansfield.

He took his case to the Victorian Equal Opportunity and Human Rights Commission. Ken could not afford legal representation, and so because of flaws in his submission, it was rejected, but has now that he has proper legal support, it’s been reinstated by VCAT.

The harassment goes on
Meanwhile the harassment continues. Ken has always worked in the community, doing volunteer jobs, including trainer and on field medic with Bonniedoone football club for many years. When his story became public, he was sacked, his place taken by one of his alleged tormentors.

He has been denied work. He has been spat at on the street. He has been called a paedophile. His reputation, as a person and as a skilled firefighter and forestry worker, has been trashed.

Manfield Courier

DSE in denial
The DSE refuses to apologise, refuses to compensate Ken, continues to insist that his story is a complete fabrication, that none of this ever happened. They say they have “no record” of him fighting fires with them. They want the case struck out Meanwhile, Ken battles on.

What next?
At a VCAT directions hearing Monday the following timeline was set in place by Judge Harbison:

1. Ken’s witness statements by 30 July 2008.

2. DSE’s submissions re strike out application by 30 August 2008.

3. Ken’s submissions re strike out application by 4 September 2008.

5. Hearing of strike out application on 9 September 2008.

4. Directions hearing on 29 September 2008.

Ken is supported in his fight by the RJM Trust - if you'd like to help, contact Doug ozbearion@lycos.com