The case involves Kimberly Fawcett Smith, a Canadian paratriathlete with multiple limb impairments, who appealed a decision by the International Triathlon Union (ITU) denying her request for a handler during competitions. Smith argued that her disabilities, affecting her left leg, ankle, and right arm, necessitated a handler for assistance during transitions. The ITU rejected her request, stating handlers were only granted to athletes with unilateral impairments if essential to continue the race, emphasizing the rule aimed to promote athletes' abilities. Smith contended her multiple impairments justified an exception. The ITU Executive Board upheld the denial after an Appeal Body assessed her condition and concluded she could perform transitions without assistance. The Board communicated its decision via a letter lacking detailed reasoning or notice of her right to appeal to the Court of Arbitration for Sport (CAS). Smith challenged the decision, arguing procedural unfairness and insufficient communication.
The CAS ruled that the ITU’s letter constituted a formal decision under Article R49 of the CAS Code, as it was a clear and final ruling affecting Smith’s legal situation, regardless of its lack of reasons or appeal notice. The CAS noted that while providing reasons and appeal notices is best practice, it is not legally required. Smith filed a Statement of Appeal with CAS on August 12, 2015, requesting an expedited procedure to compete in the upcoming World Championships. The ITU argued her appeal was filed beyond the 30-day deadline stipulated in ITU Competition Rules, which the CAS confirmed as referring to calendar days, not business days. The CAS emphasized the strict, non-extendable nature of appeal filing deadlines under Article R32.
The Sole Arbitrator dismissed Smith’s appeal as inadmissible due to its late filing, concluding that the ITU’s communication was a formal decision and that Smith had missed the deadline by seventeen days. The ruling underscored the importance of procedural clarity in sports governance while affirming the binding nature of federation decisions, even if minimally communicated. The case highlights the challenges athletes face in navigating sports governance structures and the strict adherence to procedural deadlines in CAS appeals. The final decision barred Smith from competing in the 2015 ITU World Paratriathlon Championships, reinforcing the principle that internal federation decisions need not include specific procedural details to be considered final and binding.