CAS OG 22/11 Evan Bates, Karen Chen, Nathan Chen, Madison Chock, Zachary Donohue, Brandon Frazier, Madison Hubbell, Alexa Knierim, and Vincent Zhou vs International Olympic Committee (IOC)
Related case:
CAS OG_2022_08 IOC, WADA, ISU vs RUSADA, Kamila Valieva & ROC
February 17, 2022
Evan Bates, Karen Chen, Nathan Chen, Madison Chock, Zachary Donohue, Brandon Frazier, Madison Hubbell, Alexa Knierim and Vincent Zhou are members of the United States Figur Skating Team who placed second in the Figure Skating Team Event at the 2022 Beijing Olympic Winter Games.
In February 2022 the Russian Anti-Doping Agency (RUSADA) reported an anti-doping rule violation against the Russian figure skater Kamila Valieva (15) after her sample, collected on 25 December 2021, tested positive for the prohibited substance Trimetazidine.
After notification a provisional suspension was ordered on 8 February 2022 and consequently the Athlete was prohibited from participation in the 2022 Beijing Olympic Games.
Yet the RUSADA Disciplinary Anti-Doping Committee (DADC) decided on 9 February 2022 to lift the Athlete's provisional suspension as it established that under the Russian ADR and the WADC 2021 the minor Athlete is a Protected Person.
On 14 February 2022, the CAS Ad Hoc Division dismissed all three applications in the consolidated proceedings (CAS OG 22/8-22/9-22/10). The Panel deemed that the Athlete has the status of a protected person and that the Provisional Suspension in question should remain lifted whether or not the Athlete committed an anti-doping rule violation.
On 14 February 2022 the IOC decided In the interest of fairness to all athletes and the NOCs concerned, it would not be appropriate to hold the medal ceremony for the figure skating team event during the Beijing Olympic Winter Games as it would include an athlete who on the one hand has a positive A-sample, but whose violation of the anti-doping rules has not yet been established on the other hand.
After deliberations with the IOC about the postponement of the medal ceremony the members of the United States Figure Skating Team appealed the IOC Decision of 14 February 2022 with the CAS AD Hoc Division.
The Applicants argued that they are innocent bystanders and completely uninvolved in the ongoing doping case related to the Athlete and the Olympic Figure Skating Team Event. The Applicants earned their second place in the Figure Skating Team Event and they cannot be deprive of being awarde their silver medals in a publice ceremony.
Accordingly the Applicants requested that the IOC be ordered to present to them the silver medals in a public ceremony to be held prior to the close of the Winter Olympic Games.
In this case the Panel finds that the Appealed Decision was neither abusive nor arbitrary, nor does the Panel find that the IOC exceeded its powers. Also the Panel fully understands the interests of the Applicants in having medals awarde to them in public during the Games.
However, and as confirmed during the hearing, none of the Parties ever expected a situation like the one at hand to arise, which is why the Panel finds no legal basis for concluding that the Appealed Decision did in fact breach any legal rights of the Applicants.
The Panel recognises the sole discretion of the IOC to decide on issues regarding, inter alia, the medal ceremonies as set out in Rule 56 of the Olympic Charter.
As such, and based on the circumstances of this case, the Panel finds no legal basis for ordering the IOC to organise a medal ceremony for the Figure Skating Team Event during the Olympic Winter Games. Consequently, the Applicants’ Application of 18 February 2022 is therefore dismissed and the Appealed Decision stands.
Therefore the Ad Hoc Division of the Court of Arbitration for Sport decides on 30 March 2022 that:
The Application filed by Evan Bates, Karen Chen, Nathan Chen, Madison Chock, Zachary Donohue, Brandon Frazier, Madison Hubbell, Alexa Knierim and Vincent Zhou is dismissed.