appeal

CORTINA D’AMPEZZO, Italy — Ukrainian skeleton athlete Vladyslav Heraskevych took his case to sport’s highest court Friday, detailing the reasons why he wanted to race at the Milan-Cortina Olympics in a helmet that paid tribute to his country’s war dead.

The arbitrator was moved by his story but ruled against him anyway, denying him his last chance for a win of any kind at this year’s Winter Olympics.

The Court of Arbitration for Sport denied Heraskevych’s appeal of his disqualification from the men’s skeleton race, agreeing with the International Olympic Committee and the sliding sport’s federation that his plan to wear a helmet showing the faces of more than 20 Ukrainian coaches and athletes killed since Russia invaded their country four years ago would violate Olympic rules.

“The court sided with the IOC and upheld the decision that an athlete could be disqualified from the Olympic Games without actual misconduct, without a technical or safety threat, and before the start,” wrote Yevhen Pronin, Heraskevych’s attorney.

The Court of Arbitration for Sport said the sole arbitrator who heard the case sided with IOC policy about what athletes at an Olympics can say on a field of play — and that the “memory helmet” Heraskevych brought to the Milan-Cortina Games would not align with the rules.

The arbitrator, the court said, “found these limitations reasonable and proportionate,” especially since Heraskevych could show his helmet away from the racing surface, such as in interview areas and on social media. Heraskevych also wore the helmet in training runs.

The court added that the arbitrator “is fully sympathetic to Mr. Heraskevych’s commemoration and to his attempt to raise awareness for the grief and devastation suffered by the Ukrainian people, and Ukrainian athletes because of the war.”

The appeal, which Heraskevych believed he would win, was largely moot anyway. He was disqualified from the competition 45 minutes before its start on Thursday, and whatever the Court of Arbitration for Sport said Friday wouldn’t have changed that.

“Looks like this train has left,” Heraskevych said after Friday’s hearing, knowing there was no way he could race. He left Cortina d’Ampezzo’s Olympic village on Thursday night with no plans to return.

He was blocked from racing by the IOC and the International Bobsled and Skeleton Federation on Thursday after the slider and his father emerged from a last-minute, last-ditch meeting with IOC President Kirsty Coventry — who was unable to get Heraskevych to change his mind.

Coventry reiterated Friday that she believed the disqualification was justified. The IOC made its decision based on the guidelines for athlete expression at the Olympics, he said.

They say, in part, “the focus on the field of play during competitions and official ceremonies must be on celebrating athletes’ performances.” Heraskevych never made it to the field of play — not in competition, anyway.

“I think that he in some ways understood that but was very committed to his beliefs, which I can respect,” Coventry said. “But sadly, it doesn’t change the rules.”

The IOC contends that the rule is in place for multiple reasons, including protecting the athletes from pressure from their own countries or others about using Olympic platforms to make statements.

“I never expected it to be such a big scandal,” Heraskevych said.

He also said he found it puzzling that his accreditation for the Games was taken away, then returned in short order Thursday in what seemed like a goodwill gesture.

“A mockery,” he said.

The Court of Arbitration for Sport did agree that Heraskevych should keep his accreditation.

Heraskevych said he felt his disqualification fed into Russian propaganda, noting that he and other Ukrainian athletes have seen Russian flags at events at these Games — even though they are not allowed by Olympic rule. He has previously spoken out against the IOC’s decision to allow Russians and Belarusians to compete at Milan-Cortina as “neutral” athletes and said the IOC empowered Russia by awarding it the 2014 Sochi Games.

He also wondered why other tributes from these Olympics, such as U.S. figure skater Maxim Naumov displaying a photo of his late parents — killed in a plane crash last year — have been permitted without penalty.

Italian snowboard competitor Roland Fischnaller had a small Russian flag image on the back of his helmet during these Games, and Israeli skeleton athlete Jared Firestone wore a kippah with the names of the 11 athletes and coaches who were killed representing that country during the 1972 Munich Olympics.

Pronin wrote that IOC representatives at Friday’s hearing said that “they were not punished because they did not declare this in advance, but did it after the fact, so there was no point in disqualifying them.”

The IOC said those cases were not in violation of any rules. Naumov showed his photo in the kiss-and-cry area and not while he was actually on the ice; Fischnaller’s helmet was a tribute to all the past Olympic sites he competed at, with Sochi included; and Firestone’s kippah “was covered by a beanie,” IOC spokesman Mark Adams said.

The IOC offered Heraskevych the chance to compete with a different helmet and bring the tribute helmet through the interview area after his runs. He also could have worn a black armband, which the IOC typically bans. It just didn’t want him making a statement by competing in the helmet.

“I think it’s the wrong side of history for the IOC,” Heraskevych said.

Reynolds writes for the Associated Press. AP journalists Annie Risemberg and Stefanie Dazio in Milan and Vasilisa Stepanenko in Warsaw contributed to this report.

Ukraine’s Vladyslav Heraskevych had his appeal dismissed as images on his helmet breached an Olympic ‘sacred principle’.

⁠The Court of ⁠Arbitration for Sport on Friday dismissed an appeal by Ukrainian skeleton racer Vladyslav Heraskevych to be reinstated in the Milano Cortina Olympics after he was disqualified over his “helmet ⁠of remembrance”.

The 27-year-old was removed from the Olympic programme on Thursday when the International Bobsleigh and Skeleton Federation jury ruled that imagery on the helmet — depicting athletes killed since Russia invaded Ukraine ⁠in February 2022 — breached rules on political neutrality.

“The CAS ad Hoc division dismissed the application and found that freedom of expression is guaranteed at the Olympic Games but not on the field of play which is a sacred principle,” CAS Secretary-General Matthieu Reeb said, reading from a statement following an eight-hour ‌hearing.

Heraskevych, who was seeking reinstatement or at least a CAS-supervised run, pending a decision by sport’s highest court in advance of the final two runs set for Friday evening, said he would look at his legal options now.

“CAS has failed us. We will consider our next steps,” Heraskevych told Reuters.

The case has dominated headlines in the first week of the Olympics, with the International Olympic Committee President Kirsty Coventry meeting the athlete on Thursday morning at the sliding venue ⁠in Cortina d’Ampezzo in a last-minute attempt to broker a compromise and ⁠have him race without the specific helmet.

The IOC instead offered that he wear a black armband and display the helmet before and after the race, but said using the helmet in competition breached its rules on political protests and slogans ⁠in the field of play.

In a statement, CAS said the IOC guidelines for athletes’ expression in the Games were fair.

“The Sole Arbitrator found these ⁠limitations reasonable and proportionate, considering the other opportunities for athletes ⁠to raise awareness,” CAS said.

“The Sole Arbitrator considers these Guidelines provide a reasonable balance between athletes’ interests to express their views, and athletes’ interests to receive undivided attention for their sporting performance on the field of play.”

Ukraine’s Olympic Committee has backed their ‌athlete, who is also the team’s flagbearer for the Games and also displayed a “No War in Ukraine” sign at the Beijing 2022 Olympics, days before Russia’s invasion. Heraskevych has also received support ‌from ‌Ukrainian President Volodymyr Zelenskiy.

CAS was established in 1984 by the International Olympic Committee as an independent judicial authority to settle sports disputes worldwide.

The case has dominated headlines in the first week of the Olympics.

Before the ruling, Heraskevych accused the Milano-Cortina Games as acting as “propaganda” for Russia.

Jordan Chiles might be able to keep the bronze medal she won, then was stripped of, at the 2024 Paris Olympics after all.

On Jan. 23, Swiss Federal Supreme Court sent the U.S. gymnast’s case back to the Court of Arbitration for Sport to re-examine the matter “on the basis of an audio-visual recording” that could provide evidence in Chiles’ favor, the court said Thursday in a news release.

“The Federal Supreme Court acknowledged that this new evidence may justify a modification of the contested award,” Switzerland’s highest court stated. “It referred the case back to the CAS for it to re-examine the situation, taking this new evidence into account.”

Chiles initially was deemed the fifth-place finisher in the women’s floor exercise final on Aug. 5, 2024, but was bumped up to third place after a judging inquiry placed by U.S. coach Cecile Landi gave Chiles an extra tenth of a point.

The decision resulted in a viral moment on the medal stand, as Chiles and U.S. teammate and silver medalist Simone Biles bowed to gold medalist Rebeca Andrade of Brazil.

Days later, however, the CAS ruled that Landi’s inquiry was registered four seconds too late and that Chiles’ original score of 13.666 should be restored. That decision knocked the UCLA star back down to fifth place.

Chiles, with the support of the United States Olympic and Paralympic Committee and USA Gymnastics, filed an appeal of that ruling with Switzerland’s Supreme Court in September 2024. Her appeal maintains that the CAS had refused to allow video evidence she feels would show that Landi’s inquiry was filed within the required time frame.

In its Thursday statement, the Swiss court acknowledged that the video could “lead to a modification of the contested award in favour of the applicants, since the CAS could consider, in the light of this audio-visual sequence, that the verbal inquiry made on behalf of Jordan Chiles had been made before the expiry of the regulatory one-minute time limit.

“The Federal Supreme Court therefore partially overturns the contested award and refers the case back to the CAS for a new ruling, taking into account the probative value of the audio-visual recording in question.”

In a statement emailed to The Times on Thursday, the CAS agreed with the Swiss court’s ruling that “new evidence provided by the athlete after the CAS decision justifies a re-examination of the appeal.”

“During the Olympic Games, CAS renders sporting decisions in a demanding time frame,” the statement read. “CAS cannot reopen a closed procedure without the agreement of all Parties. Following the [Swiss Supreme Court’s] decision, CAS can now ensure a thorough judicial review of the new evidence that has since been made available.”

Maurice M. Suh, one of the attorneys representing Chiles, issued a statement Thursday praising the decision.

“We are delighted that the Swiss Federal Supreme Court has righted a wrong and given Jordan the chance she deserves to reclaim her bronze medal,” Suh said. “… We appreciate that Jordan will receive a full and fair opportunity to defend her bronze medal. She is ready to fight vigorously, and we look forward to helping her achieve that result.”