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2012 Paralympic sport / Sport paralympique Other Dismissed English Appeal Procedure

Parties & Representatives

Arbitrators

President: Tricia Kavanagh

Decision Information

Decision Date: July 3, 2012

Case Summary

The case revolves around a dispute between the New Zealand Wheelchair Rugby Association (NZWRA) and the International Wheelchair Rugby Federation (IWRF) concerning the classification of athlete Cameron Leslie during the 2011 Asia-Oceania Championships. Leslie, initially classified as a 2.5 class athlete, was reclassified to 3.0 during the tournament, a change that was not immediately enforced due to discrepancies between the IWRF Classification Manual and the Tournament Classification Procedures. This delay allowed Leslie to compete in the semi-finals under the lower classification, which New Zealand argued was procedurally unfair. The IWRF later corrected this, enforcing the reclassification during the semi-finals, which New Zealand lost, affecting their qualification for the 2012 Paralympic Games and their world ranking.

The NZWRA appealed a letter dated 10 February 2012 from the IWRF, which declared all disputes related to the championship results as final. The appeal questioned whether this letter constituted a formal decision under CAS rules and whether the classification procedures at the championship complied with international rules. The Sole Arbitrator, Mrs. Tricia Kavanagh, ruled that the letter was indeed a formal decision, as it intended to affect legal rights, and emphasized the strict time limits for appeals under CAS rules. The Arbitrator also clarified that international classification rules take precedence over continental procedures, affirming the IWRF's authority to correct errors in competitions.

The background of the case included revisions to the IWRF Classification Rules in 2010, focusing on eligibility and trunk function assessments. Leslie, a Permanent (P) status athlete, was subject to reclassification under exceptional circumstances. The NZWRA contested the timing and procedural fairness of the reclassification, arguing that the Tournament Classification Procedures, which stated changes should take effect at the tournament's end, should have been followed. However, the Arbitrator found that the IWRF Classification Manual, which mandated immediate changes for athletes under review, was the authoritative document. The IWRF admitted errors in the Tournament Classification Procedures but maintained that the championship results were final.

The NZWRA sought legal recourse, threatening to escalate the matter to CAS, and filed an appeal on 5 March 2012. The Japan Wheelchair Rugby Federation (JWRF) intervened, supporting the IWRF's position. The Panel confirmed JWRF's intervenor status and established jurisdiction under IWRF's statutes, which waive judicial dispute resolution in favor of CAS arbitration. The Panel determined that the 10 February letter was a formal decision, as it addressed NZWRA's grievances and asserted the finality of the championship results. The Panel rejected the IWRF's argument that the NZWRA had missed the appeal deadline, noting that the NZWRA had not been properly informed of the appeal process earlier.

On the merits, the NZWRA requested a re-match of the semi-final with Leslie classified as a 2.5 class athlete. The Panel found that the tournament classification procedures had violated IWRF rules, as Leslie was incorrectly allowed to compete under the lower classification. The IWRF acknowledged the error but maintained that the results were final. The Panel dismissed NZWRA's appeal, upholding the IWRF's decision and emphasizing the importance of strict compliance with classification rules. The Court of Arbitration for Sport ruled against NZWRA in July 2012, dismissing all further claims and ensuring the International Paralympic Committee was notified of the outcome to update the World Ranking List accordingly. The decision underscored the necessity of adhering to international classification standards to maintain fairness in competitive sports.

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