Jordan Chiles, alongside USA Gymnastics, is actively seeking to get her bronze medal in the floor exercise event from the 2024 Paris Olympics reinstated.

On Tuesday, Chiles and USA Gymnastics filed independent appeals with the Swiss Federal Tribunal, requesting that the case be reopened to examine new video evidence. This comes after Chiles’ initial appeal from the previous week, which asked for the Court of Arbitration for Sport’s (CAS) decision—resulting in her disqualification from the medal— to be overturned.

Both parties are urging for the cases to be considered together, as they share a common argument: Chiles was denied a fair chance to defend her position.

“We firmly believe that CAS must review the complete audio and video evidence that clearly indicates Jordan adhered to all rules regarding her routine and inquiry. Not addressing this would be fundamentally unjust,” stated Maurice M. Suh, Chiles’ attorney based in the U.S.

What details are included in the new filings?

Chiles’ legal team asserts, with the support of USA Gymnastics, that the CAS’s decision rested on a significant factual mistake claiming her scoring inquiry was submitted four seconds too late. They contend that for a fair and accurate resolution, CAS needs to evaluate the new video and audio evidence demonstrating that Chiles did submit her inquiry on time.

This latest filing reiterates claims from last week’s appeal, which requested the Swiss Federal Tribunal annul the CAS’s ruling. USA Gymnastics elaborates on why the crucial video—showing coach Cecile Landi making two verbal inquiries within the allotted 60 seconds—was not presented during the CAS hearing.

Chiles, USA Gymnastics, and the U.S. Olympic & Paralympic Committee were only made aware of Romania’s appeal on August 9, less than a day before the CAS hearing. Although they requested a delay, CAS denied it, forcing the team to quickly find legal representation and respond.

However, on August 10, while the CAS hearing was in progress, USA Gymnastics contacted NBC for footage to verify when Landi made her inquiries. This led to the discovery of both video and audio confirmation by filmmakers from Religion of Sports, who were working on a Simone Biles documentary, on August 11 that Landi made inquiries at 47 and 55 seconds during the allowed timeframe.

USA Gymnastics requested CAS to reopen the case based on this new evidence, but the tribunal rejected their plea, stating it was too late.

“The audiovisual evidence that CAS declined to consider clearly shows that Jordan earned her bronze medal at the Paris Games,” stated USA Gymnastics. “Through this filing, we are advocating for a resolution based on a complete and accurate understanding of the facts. As Jordan has publicly articulated, this case is about her pursuit of justice and ensuring all athletes receive fair treatment.”

What is the reason behind Chiles filing two appeals?

This recent filing echoes arguments made in the prior week’s appeal, which sought the Swiss Federal Tribunal to annul the CAS’s decision. However, they had to submit them separately for procedural clarity, as Chiles’ team maintains there are unresolved issues regarding when the CAS ruling took effect.

The video confirming coach Landi’s inquiries was found after CAS’s ruling on August 10 but before they provided a detailed explanation on August 14. Chiles’ attorneys argue the footage represents new evidence if the decision is considered effective from August 10, or indicates CAS’s unfair oversight if the ruling only came into finality on August 14.

What was addressed in the first filing?

In the initial filing on September 16, Chiles’ legal team pointed out three major issues with the process. They highlighted that CAS overlooked the newly available evidence and that:

• Chiles, USA Gymnastics, and the U.S. Olympic and Paralympic Committee did not have sufficient time to prepare for the CAS hearing—less than 24 hours—because CAS communicated with incorrect or outdated email addresses. This was particularly surprising as CAS and the USOPC had been in contact during the Paris Olympics concerning an August 7 event where U.S. figure skaters received their medals from the 2022 Beijing Games.
• The president of the arbitration panel has represented the Romanian government in financial matters since 2016, including at least two ongoing cases. Although Hamid Gharavi declared this relationship and assured impartiality, the Americans did not become aware of this potential conflict until days post-hearing.

What transpired in Paris?

Initially, Chiles secured third place after disputing the judges’ evaluation of her routine. However, she was subsequently dropped back to fifth place after CAS ruled that her challenge was lodged four seconds late. The International Olympic Committee has since requested the return of her bronze medal and awarded it to Romania’s Ana Barbosu, the gymnast who was elevated to third place following the CAS decision.

The Swiss tribunal typically only overturns CAS decisions in situations involving significant procedural errors, lack of jurisdiction, or inconsistencies with Swiss law. Nonetheless, Chiles’ attorney stated that the CAS decision raises concerns about the integrity of the entire arbitration process.

“Jordan Chiles’ appeals pose a straightforward legal question to the international community – will we allow an Olympic athlete, who acted honorably, to lose her medal due to profound unfairness in a temporary arbitration mechanism?” Suh remarked last week. “The response to that question.”

This should not be the case. Every element of the Olympics, including the arbitration procedure, ought to symbolize fairness.

What comes next?

The Swiss Federal Tribunal will either uphold the initial CAS decision, essentially concluding Chiles’ struggle, or it will refer the case back to CAS. It will not acknowledge Chiles as the legitimate bronze medal holder.

The legal proceedings are anticipated to extend over several months.