Jordan Chiles Submits Second Appeal for Her Olympic Bronze Medal

Jordan Chiles, along with USA Gymnastics, has initiated separate appeals in their efforts to reclaim the gymnast’s bronze medal from the floor exercise final at the upcoming 2024 Paris Olympics. Both parties are petitioning a Swiss court to reopen the case and consider new video evidence they believe could change the outcome.

The Court of Arbitration for Sport (CAS) ruled that Chiles was stripped of her medal due to a “critical factual error.” According to her attorneys, the ruling alleged that her scoring inquiry was submitted four seconds too late. Chiles’ legal team contends that for the case to be decided “fairly and accurately,” the CAS must review video and audio evidence that indicates the inquiry was indeed filed on time.

In a statement, Maurice M. Suh, Chiles’ attorney based in the U.S., emphasized the need for a complete examination of the audio and video records. He asserted, “We believe that CAS must consider the complete audio and video record that shows that Jordan without doubt followed all the rules on the floor and in her inquiry. Failing to do so would be fundamentally unfair and unjust.”

Similarly, USA Gymnastics lodged a request with the Swiss Federal Tribunal for the case to be reopened, also citing video evidence. The organization stated, “The audiovisual evidence which CAS refused to consider clearly proves Jordan’s bronze-medal finish in Paris was correct.” They further underscored that their filing aims for the arbitration to be decided based on factual accuracy. Chiles has previously described this case as one concerning her “peace and justice,” and the right of all athletes to receive fair treatment.

Chiles’ legal team has filed these appeals due to ongoing uncertainties surrounding when the CAS ruling came into effect. Notably, key video footage—captured by the makers of a Netflix documentary featuring gymnast Simone Biles—shows Chiles’ coach, Cecile Landi, making two verbal inquiries prior to the 60-second deadline. This video surfaced after the CAS ruling was announced on August 10 but before the detailed ruling was provided on August 14. Chiles’ attorneys argue that this footage either qualifies as new evidence if the decision was effective from August 10 or was improperly overlooked by CAS if the decision was finalized on August 14.

The lawyers highlighted three significant flaws in the arbitration process:

• The discovery of evidence just a day after the August 10 CAS ruling, including the video showing Landi’s inquiries, undermines the justification for the CAS decision. USA Gymnastics attempted to introduce this evidence, but CAS rejected it as being too late.
• Chiles, USA Gymnastics, and the U.S. Olympic and Paralympic Committee faced a lack of adequate preparation time for the CAS hearing, receiving less than 24 hours’ notice. This was partly due to CAS sending critical communications to incorrect or outdated email addresses, although CAS and the USOPC had been in touch regarding an event related to the Olympic Games.
• The president of the arbitration panel had previous ties to the Romanian government in financial matters, raising potential conflict of interest concerns. Though the president disclosed this relationship, Chiles’ team only became aware of it days after the arbitration hearing.

Chiles had initially moved into third place after challenging a judge’s score on one of her routine elements. However, shortly thereafter, CAS ruled that her challenge was submitted too late, causing her to be dropped back to fifth place. As a result of this ruling, the International Olympic Committee requested Chiles to return her bronze medal, which was subsequently awarded to Ana Barbosu of Romania, the gymnast who was elevated to third place following the decision.

The Swiss Federal Tribunal typically reverses CAS decisions only in instances where there is a blatant procedural error, jurisdictional issues, or conflicts with Swiss public policy. However, Chiles’ attorney noted that the CAS ruling raises concerns about the integrity of the arbitration process as a whole.

“Jordan Chiles’ appeals present the international community with an easy legal question – will everyone stand by while an Olympic athlete who has done only the right thing is stripped of her medal because of fundamental unfairness in an ad-hoc arbitration process?” Suh stated last week. “The answer to that question should be no. Every part of the Olympics, including the arbitration process, should stand for fair play.”

Source: USA Today