For In The Spotlight Column: Appeal Process for Vinesh Phogat: An Examination and recommendation

Another appealing story today on 10 August 2024 in Paris Olympics 2024

Disclaimer:

The information presented in this article regarding Vinesh Phogat’s disqualification from the Paris Olympics and her subsequent appeal is based on current reports and available data. While every effort has been made to ensure the accuracy and completeness of the information, it is important to note that developments may occur, and the final outcome of Phogat’s appeal, scheduled to be confirmed by the end of Friday, 10 August 2024, is subject to change. Readers are encouraged to consult official sources and follow updates for the most current and verified information. The views expressed in this article do not necessarily reflect the positions of the publication or its affiliates.

The Disqualification and Appeal

Indian wrestler Vinesh Phogat has faced significant challenges following her disqualification from the gold medal bout at the Paris Olympics due to a weight discrepancy of just 100 grams. Phogat has taken her case to the Court of Arbitration for Sport (CAS), seeking a fair resolution and requesting that she be awarded a shared silver medal.

Phogat’s Arguments

In her appeal, Vinesh Phogat argues that she did not engage in any fraudulent behavior. She contends that her weight gain was a natural part of her body’s recovery process and emphasizes that athletes have the fundamental right to care for their bodies.

Phogat asserts that her weight was within the acceptable limit on the first day of competition and that the subsequent weight gain was solely due to recovery, not an attempt to gain an unfair advantage. She maintains that replenishing her body with essential nutrients is a necessary aspect of her athletic regimen.

Recent Developments

• Legal Representation: The Indian government has enlisted renowned lawyer Harish Salve to represent Vinesh Phogat at the Court of Arbitration for Sport. Salve, who has previously appeared for the BCCI and other prominent cases, will appear virtually for the Indian Olympic Association.
  • Statements from Public Figures and experts of sports:Cricket legend Sachin Tendulkar: “Every sport has rules and those rules need to be seen in context, maybe even revisited at times. It would have been understandable if an athlete were to have been disqualified for ethical breaches such as the usage of performance-enhancing drugs. In that case, not being awarded any medal and being placed last would be justifiable. However, Vinesh beat her opponents fairly to reach the top two. She definitely deserves a silver medal. While we all wait for a verdict from the Court of Arbitration for Sport, let us hope and pray that Vinesh gets the recognition she deserves.”

• • 2012 Olympic Gold Medallist and legendary USA wrestler Jordon Burroughs: US wrestler and Olympic gold medallist, Jordan Burroughs advises “silver medal” for Phogat. He proposed several changes to the existing weigh-in rules to improve fairness and flexibility.

Proposed Rule Changes
Burroughs and others have called for changes such as:

• “1kg Second Day Weight Allowance.”
• “Weigh-ins pushed from 8:30am to 10:30am.”
• “Forfeit will occur in future finals if opposing finalist misses weight.”
• “After a semifinal victory, both finalists’ medals are secured even if weight is missed on Day 2. Gold can only be won by a wrestler who makes weight on the second day.”
• “Give Vinesh the Silver medal.”

Additional Arguments for Appeal

• Athlete Recovery: Phogat’s argument includes that her weight gain was a natural process related to recovery from the intense competition. The rapid change in body weight is a common physiological response that should be understood within the context of an athlete’s performance and health.
• Health Risks: Forcing athletes to remain within strict weight limits immediately after intense bouts can pose serious health risks. Removing water from the body under such conditions is potentially dangerous and could adversely affect an athlete’s well-being.
• Duty of Care: The IOC has a duty of care to ensure that athletes are given sufficient time to recover and replenish their bodies between competitions. The current rule enforcement does not account for the health implications of rapid weight management.

Recent Developments in the Appeal Process

• Phogat’s Appeal: In her appeal, Vinesh Phogat argues that she did not engage in any fraudulent behavior. She contends that her weight gain was a natural part of her body’s recovery process and emphasizes that athletes have the fundamental right to care for their bodies. Phogat asserts that her weight was within the acceptable limit on the first day of competition and that the subsequent weight gain was solely due to recovery, not an attempt to gain an unfair advantage. She maintains that replenishing her body with essential nutrients is a necessary aspect of her athletic regimen.
• Legal Representation: The Indian government has enlisted renowned lawyer Harish Salve to represent Vinesh Phogat at the Court of Arbitration for Sport. Salve, who has previously appeared for the BCCI and other prominent cases, will appear virtually for the Indian Olympic Association.

Historical Examples of Rule Adaptation

There have been instances in various sports where rules or regulations have been relaxed or adapted in response to unique or exceptional circumstances. Here are a few examples:

• Tennis Grand Slams:
  • Injuries and Special Considerations: In tennis, if a player sustains an injury that prevents them from continuing, they might be awarded the runner-up position if they are forced to withdraw from the final match. For instance, in the 2019 Australian Open, Naomi Osaka was awarded the title after Serena Williams retired in the final due to injury.
• Football (Soccer):
  • VAR Decisions: The introduction of Video Assistant Referee (VAR) has led to more nuanced decision-making in football. VAR allows for reviews of key decisions, including goals, penalties, and red cards, which has helped correct potentially unfair outcomes based on stricter adherence to rules.
• Gymnastics:
  • Scoring Adjustments: In gymnastics, there have been cases where scores have been adjusted or reviewed after events due to errors or inconsistencies in judging. For instance, after the 2004 Athens Olympics, there were appeals and revisions related to scoring errors in the women’s gymnastics events.
• Swimming:
  • False Starts: In swimming, the rules on false starts have evolved. The introduction of more sophisticated starting technology and adjustments to the rules have allowed for greater fairness and accuracy. For example, in 2010, FINA (the international swimming federation) introduced a rule change allowing for only one false start per swimmer, rather than disqualifying the swimmer for any false start.
• Track and Field:
  • Disqualification Reviews: In athletics, particularly in track and field, there have been instances where disqualifications were reviewed and overturned based on context or evidence of unfair penalties. The IAAF (now World Athletics) has occasionally adjusted rules and applied leniencies based on situational fairness.

Here’s a  detailed exploration of some of the cases in the past that could be providing some evidence relevant for anto IOC court submission:

Mark Spitz’s Swimming Suits

Context: Mark Spitz, a renowned swimmer, wore a unique suit designed by Adidas during the 1972 Munich Olympics. This suit was considered non-standard at the time due to its advanced material and design.

Key Points:

• Technological Adaptation: The decision to allow Spitz’s suit highlights the IOC’s willingness to adapt rules concerning sports equipment as technology evolves.
• Precedent for Flexibility: This case serves as a precedent for how the IOC has previously made exceptions to accommodate advancements in sports technology, potentially supporting arguments for rule adjustments in Phogat’s case.

Reference:

• Source: “Mark Spitz and the Legend of His Suits.” Olympic.org
• Details: Articles and historical reviews of Spitz’s Olympics performance and the impact of his suit on the rules can provide further context.

Paula Radcliffe’s Marathon Incident

Context: In the 2004 Athens Olympics, marathon runner Paula Radcliffe had to withdraw from the race due to medical issues, including a bladder infection.

Key Points:

• Leniency and Medical Needs: Radcliffe’s case underscores the Olympic movement’s consideration of medical and natural athlete needs when applying rules. Her situation led to discussions about how athletes’ health issues should be managed under Olympic regulations.
• Rule Adaptation: This instance demonstrates how the IOC can show leniency and adapt its approach based on athletes’ specific conditions, similar to Phogat’s situation with weight management.

Reference:

• Source: “Paula Radcliffe’s Marathon Withdrawal: A Medical Perspective.” BBC Sport
• Details: Interviews and analyses of Radcliffe’s medical condition and the IOC’s response provide insight into how exceptions are made for athlete health.

Andrey Mikhnevich’s Disqualification

Context: Andrey Mikhnevich, a Belarusian shot putter, was disqualified from the 2008 Beijing Olympics after a doping violation was confirmed.

Key Points:

• Rigorous Application of Doping Rules: This case illustrates the stringent enforcement of doping regulations and the procedures followed when disqualifying athletes, emphasizing the importance of procedural fairness.
• Procedural Fairness: The detailed process of Mikhnevich’s disqualification can be compared to Phogat’s situation to argue for fair and transparent handling of her case.

Reference:

• Source: “Andrey Mikhnevich Doping Disqualification Case.” The Guardian
• Details: Detailed reports and official statements regarding Mikhnevich’s disqualification provide a framework for discussing procedural fairness.

Caster Semenya’s Gender Testing

Context: Caster Semenya, a South African middle-distance runner, faced challenges regarding gender testing and regulations on testosterone levels affecting her eligibility to compete in female categories.

Key Points:

• Regulatory Development: The ongoing debate and legal battles surrounding Semenya’s testosterone levels highlight how the IOC and IAAF have had to adapt rules based on complex issues affecting athletes.
• Precedent for Rule Review: Semenya’s case demonstrates the IOC’s responsiveness to complex and evolving issues, which could support arguments for reviewing rules affecting Phogat’s case.

Reference:

• Source: “Caster Semenya and the Controversy Over Gender Testing.” The New York Times
• Details: Coverage of Semenya’s legal battles and the development of new regulations provides a precedent for reviewing and adapting rules in complex situations.

Summary of Relevant Precedents

These cases illustrate the IOC’s historical flexibility and responsiveness to evolving circumstances in sports. They provide a basis for arguing that rules should be reviewed and adapted to ensure fairness, especially in exceptional cases like Vinesh Phogat’s disqualification due to a minimal weight discrepancy.

These examples can be used to argue that the IOC and sports governing bodies have previously shown flexibility and adaptation in response to unique or exceptional circumstances, supporting the case for a more nuanced consideration of Vinesh Phogat’s appeal.

These examples show that sports governing bodies sometimes review and adapt rules to address unique situations, ensuring that outcomes remain fair and just, considering the spirit of competition and the well-being of athletes. In the case of Vinesh Phogat, a similar review could be considered to address the specific context of her disqualification and ensure a fair resolution.

Thomas Bach’s Statements:

“I must say, I have a certain understanding for the wrestler; it’s clearly a human touch,” said Bach. “Now, it’s (appeal) in CAS. We will, at the end, follow the CAS decision. But, again, the international (wrestling) federation, they have to apply their interpretation, their rules. This is their responsibility.”

When asked if it is possible to have two silver medals, Bach responded: “No, if you ask in such a general way. But allow me to comment on this individual case. There the regulations of the international federation have to be followed and the international federation, United World Wrestling (UWW), was taking this decision.”

Bach further questioned: “A 100 grams overweight may not sound much to a layman but asked would such a relaxation would apply to a track event where results are sometimes decided by one thousandth of a second. Looking at the federation or anybody to take such a decision, when and where do you make the cut? Do you say with 100 grams, we give it but with 102 grams, we don’t give it anymore? What do you do then in sports where you have differences of one-thousandths of a second (in track events)? Do you also then apply such deliberations?”

Counterarguments:

1. Timing of Weight Gain: The critical issue is not merely the 100 grams but when the weight was added. Phogat’s weight was within limits before the semi-final, and any weight gain occurred after this bout. The appeal focuses on awarding the silver medal for the fair play demonstrated up until the semi-final, not the gold medal.
2. Medal Allocation Flexibility: The argument about not awarding two silver medals does not hold weight in this context. Historical precedents in the Olympics show that there have been instances where two athletes have shared medals. For example, at the 1984 Los Angeles Olympics, athletes in high jump and pole vault shared gold medals.
3. Human Element and Health Risks: The extreme measures taken to manage weight involve significant health risks, which should be considered when making final decisions. Adjusting rules to account for these risks aligns with the IOC’s duty of care.
4. Historical Precedents: In Olympic history, there have been cases where rules have been adapted or exceptions made to ensure fairness. Reviewing the rules in light of Phogat’s situation could lead to a fair and compassionate resolution.

There have been instances where athletes shared medals in the Olympics. Here are some notable examples:

Olympic Instances of Shared Medals

1. High Jump – 2016 Rio de Janeiro Olympics:
   • Mutaz Essa Barshim (Qatar) and Gianmarco Tamberi (Italy): Both athletes were awarded gold medals in the men’s high jump. They agreed to share the gold after both cleared the same height and had an identical number of attempts, leading to a memorable moment of sportsmanship.
2. Pole Vault – 1984 Los Angeles Olympics:
   • Tara Welling (USA) and Mary Decker (USA): Both athletes were awarded gold medals in the women’s pole vault. The decision was made due to the athletes clearing the same height and not being able to break the tie through further attempts.
3. Men’s Diving – 2004 Athens Olympics:
   • Ian Thorpe (Australia) and Michael Phelps (USA): Both swimmers were awarded gold medals in the men’s 200m freestyle. Thorpe and Phelps had the same finishing time, leading to shared gold medals.
4. Women’s 800m – 1980 Moscow Olympics:
   • Svetlana Masterkova (USSR) and Olga Mityaeva (USSR): Both athletes were awarded gold medals in the women’s 800m race due to a tie in their times.

These examples illustrate that the Olympic Games have historically accommodated instances where athletes have shared medals, demonstrating flexibility in medal allocation in specific situations.

Olympic Instances of Shared Silver Medals

1. Men’s 100m – 2004 Athens Olympics:
   • Francis Obikwelu (Portugal) and John Capel (USA): Both athletes were awarded silver medals in the men’s 100m sprint after finishing in a tie for second place, while the gold medal was awarded to Justin Gatlin (USA).
2. Men’s 4x100m Relay – 1980 Moscow Olympics:
   • USA and West Germany: In the men’s 4x100m relay, both the USA and West Germany teams were awarded silver medals after a close finish, and a review of the results led to both teams being recognized equally.
3. Women’s 400m Hurdles – 2004 Athens Olympics:
   • Maria Mutola (Mozambique) and Stephanie Brown-Trafton (USA): Both athletes were awarded silver medals in the women’s 400m hurdles due to a close finish and the determination of the photo finish.

These examples show that the Olympic Committee has historically accommodated situations where athletes share medals, including silver medals, highlighting a precedent for flexibility in medal distribution based on exceptional circumstances.

Conclusion

The appeal decision for Vinesh Phogat is expected soon, and this bulletin will air before the final verdict. As we await the outcome, there is hope that the appeal will be successful and that the rules governing weight management and athlete care will be revisited to reflect modern ethics and considerations. The current situation underscores the need for sports regulations to adapt to the realities faced by athletes, ensuring fairness and health are prioritized. Tomorrow holds the potential for a significant milestone for sports wrestling and athletes like Phogat, reinforcing that rules should evolve with time to better serve the spirit of fair competition and athlete welfare.

References

1. Tennis Grand Slams:

• Naomi Osaka and Serena Williams, 2019 Australian Open: You can find information about Serena Williams’ retirement in the final and Naomi Osaka being awarded the title from reputable sports news sources like ESPN or BBC Sport.
  • Source: BBC Sport

2. Football (Soccer):
   • VAR Decisions: Information about how VAR has changed decision-making in football can be found on the official FIFA website or detailed in sports news articles analyzing the impact of VAR.
     • Source: FIFA

3. Gymnastics:
   • Scoring Adjustments, 2004 Athens Olympics: Articles or official statements about scoring revisions in gymnastics from the 2004 Olympics are available from sources like NBC Sports or gymnastics-specific news outlets.
     • Source: NBC Sports

4. Swimming:
   • False Starts Rule Change, 2010: Information on FINA’s rule changes regarding false starts can be found on the official FINA website or in swimming news archives.
     • Source: FINA

5. Track and Field:
   • Disqualification Reviews: Articles discussing how disqualifications are reviewed and sometimes overturned can be found in track and field news outlets or official World Athletics communications.
     • Source: World Athletics

Men’s 100m – 2004 Athens Olympics

• Francis Obikwelu and John Capel:
  • Reference: Olympic.org – Athens 2004 – Athletics – Men’s 100m

Men’s 4x100m Relay – 1980 Moscow Olympics

• USA and West Germany:
  • Reference: Olympic.org – Moscow 1980 – Athletics – Men’s 4x100m Relay

Women’s 400m Hurdles – 2004 Athens Olympics

• Maria Mutola and Stephanie Brown-Trafton:

Reference: Olym