The pair were accused of being racist, sexist and homophobic in messages exchanged while they were working together at Cardiff City.
However, after a lengthy investigation, the FA has decided no further punishment is necessary as “the communications were sent with a legitimate expectation of privacy.”
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“The FA’s investigation looked at all aspects of the communications, including the context in which the communications were sent. The evidence was then reviewed by a QC with particular expertise in sports’ disciplinary proceedings and employment law,” a statement on the governing body’s website said.
“Having assessed the evidence, and in light of the finding that the communications were sent with a legitimate expectation of privacy, The FA will not be taking disciplinary action against Iain Moody and Malky Mackay in connection with the content of those messages.”
The FA added that both men had been spoken to about "the inappropriateness of terms used".
Mackay endured a turbulent relationship with Cardiff owner Vincent Tan, leading to his departure at the end of 2013.
He was the front-runner for the Crystal Palace job the following summer, but the Eagles pulled out of a deal when the inflammatory messages leaked out. Mackay was offered another chance of management with Wigan last season, a spell which ended after just 138 days.
Moody was dismissed from his role as head of recruitment at Cardiff in 2013 – bizarrely being replaced by an inexperienced 23-year-old – before taking up a post as Palace’s sporting director. He resigned shortly after the scandal broke.
Cardiff City Chairman Vincent Tan (left) and manager Malky Mackay (PA Photos)
Image credit: PA Photos
WHAT DID THE TEXTS SAY?
In response to the arrival of South Korea star Kim Bo-Kyung: "Fkn C*****s. Fk it. There's enough dogs in Cardiff for us all to go around."
On an unnamed official from another club: “He's a snake, a gay snake. Not to be trusted.”
On a player's female agent: “I hope she's looking after your needs. I bet you'd love a bounce on her falsies.”
On a list of prospective signings for Cardiff: “Not many white faces amongst that lot but worth considering.”
FULL FA STATEMENT
The FA has undertaken a thorough and detailed investigation in connection with inappropriate language contained within text messages and an email sent by Iain Moody, and text messages sent by Malky Mackay when they were employed by Cardiff City FC.
The messages, sent between June 2011 and March 2014, were obtained by Cardiff City FC in March 2014. The FA first became aware of the messages in August 2014. The messages were provided in full to The FA in October 2014.
To date, The FA’s policy in cases such as this has been to not bring charges in respect of private communications sent with a legitimate expectation of privacy.
The FA’s investigation looked at all aspects of the communications, including the context in which the communications were sent. The evidence was then reviewed by a QC with particular expertise in sports’ disciplinary proceedings and employment law.
Having assessed the evidence, and in light of the finding that the communications were sent with a legitimate expectation of privacy, The FA will not be taking disciplinary action against Iain Moody and Malky Mackay in connection with the content of those messages.
However, The FA has spoken to both Iain Moody and Malky Mackay about the inappropriateness of terms used in the messages. Both individuals have acknowledged that such terms are not acceptable. Mr Mackay has also voluntarily undertaken equality and diversity training.
The FA is in the process of carrying out a complex review involving all stakeholders on how communications, and in particular those involving discriminatory language, which may be viewed as taking place in private should be treated in the future.
The English game remains determined to eliminate discriminatory conduct in all its forms and will look to introduce a policy on private conduct that underpins the collective commitment of stakeholders to make this happen.
In addition to investigating the context in which the communications referred to above were sent, The FA has conducted an investigation to establish whether Iain Moody and Malky Mackay engaged in discriminatory behaviour during their time at Cardiff City FC.
The FA has pursued every lead and encouraged anybody who wanted to provide information or evidence to do so. Malky Mackay and Iain Moody have been interviewed at length and 27 potential witnesses, based in the UK and overseas, have been spoken to.
All of the information and evidence gathered during this process has been carefully assessed, with the assistance of a QC. At this stage no disciplinary charges will be brought against either Malky Mackay or Iain Moody in respect of their conduct whilst they were employed by Cardiff City FC.
The FA has reached its decisions based on the information and evidence currently available to it. Should more information or evidence come to light then The FA reserves the right to bring disciplinary action as appropriate.
The FA has at all stages sought to conclude this matter as quickly and efficiently as possible. However, the investigation has been lengthened considerably due to serious concerns about the circumstances in which particular evidence provided to The FA had been given and the reliability and completeness of that evidence.
The nature of these concerns, which The FA treats with the utmost seriousness, has necessitated significant further inquiries by The FA and the liaison with external law enforcement agencies.
The FA reserves the right to open further investigations if deemed appropriate. No further comment will be made in this respect.
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