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≡ UHLAENDER WAS RIGHT ≡
“The Appeals Tribunal is satisfied that the action of the Canadians was intentional
and directed to reducing the points available to athletes who slid at the final Lake Placid NAC [North American Cup].”
That, in a sentence from the decision of the Appeals Tribunal of the International Bobsleigh & Skeleton Federation (IBSF), vindicates American skeleton star Katie Uhlaender’s claim of deliberate manipulation of the IBSF Rankings used for Olympic selection by the Canadian team.
It important to note that the IBSF Appeal Tribunal is a separate body from the IBSF Interim Integrity Unit, which dismissed Uhlaender’s appeal. The Appeals Tribunal, in a seven-page order issued Wednesday, was clear on its findings:
● “16. Canada entered six sliders in the final Lake Placid NAC Women’s Skeleton race by the registration deadline. Prior to the Official Training period, Canada’s coach Mr. [Joe] Cecchini [ITA] became concerned that Canada might lose an overall Olympic quota spot if non-Canadian athletes in Lake Placid performed well.”
● “17. In order to protect against that occurrence – Canada instructed four of its athletes not to participate in the Official Training period. By not participating, the four Canadian athletes became ineligible to be drawn during the final pre-race team captains meeting. (The other two Canadians participated in Official Training, the draw, and the race itself.)”
● “18. Only 19 names were drawn at the final pre-race meeting, thereby fixing the number of points available at 75% of the allotment for NAC races with twenty or more names drawn.”
● “19. Although Canada subsequently attributed its decision to order four athletes not to slide in Official Training to concerns about the athletes involved, substantial evidence supports Ms. Uhlaender’s contention that the move was a deliberate effort by Canada to reduce the points available at the final Lake Placid NAC so as to protect its own Olympic quotas.”
Even so, however, the Appeals Tribunal dismissed Uhlaender’s appeal, which was asking for full points to be awarded for the final Lake Placid race, which would have given her more ranking points than Mystique Ro and presumably would place her on the U.S. Olympic Team for the Milan Cortina 2025 Winter Games.
The Appeals Tribunal points to its authority under the Olympic Movement Code, which allows “invalidation or modification of results” and in terms of sanctions:
“When determining the appropriate sanctions applicable, the Sports Organisation shall take into consideration all aggravating and mitigating circumstances and shall detail the effect of such circumstances on the final sanction in the written decision.”
The Appeals Tribunal decided not to use the reference to “mitigating circumstances” on sanctions to modify the Lake Placid race results, which appears to have been an option under a reasonable reading of the Olympic Movement Code sections.
If this had been done, Uhlaender would then have had to file an appeal with the U.S. Olympic & Paralympic Committee to give her the spot assigned to Ro. But the Appeals Tribunal held, specifically:
“To the extent that the Appeals Code authorizes the ‘voiding of any action’ or ‘invalidation or modification of results,’ the relief sought by Ms. Uhlaender is outside the scope of such authority.”
Uhlaender’s only viable next step is to the Court of Arbitration for Sport, asking for an intervention on an equity basis, since the Milan Cortina qualification rules for Skeleton are clear that “Exceeding the total amount of quota places for women is not allowed under any circumstances.”
The International Olympic Committee could, if it wishes – as the owner of the Games – could make an exception and add Uhlaender if it wants to, but has previously said this is an IBSF matter.
But Uhlaender, per the Appeals Tribunal, was right: Canada manipulated the final Lake Placid race and it cost her a spot at the Winter Games. If she wishes to drag the Canadians through the mud, she has the makings of a civil suit, one that would be concluded long after the closing of February’s Winter Games is over.
¶
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