Earlier this year WPV was provided with evidence that suggested that a ParaVolley player had a degree of movement and ability that appeared to be significantly different to the medical information available to WPV at the time the player was allocated a Sport Class. The player and the player’s National Federation were provided with an opportunity to comment on this evidence. Taking into account the received response and the available evidence, WPV considered that that the player may have been allocated an incorrect Sport Class, and accordingly as per the WPV Classification Rules (which are based on and compliant with the IPC Classification Code), WPV made an International Federation Protest. As per the protest provisions the player’s Sport Class Status was automatically redesignated as ‘Review’. No Appeal was made to WPV in relation to the making of the International Federation Protest.
This created an unfortunate issue in that players with Review status are not eligible to be included in team rosters for the Paralympic Games. The player claimed that WPV had acted unreasonably and unfairly given this restriction, and issued proceedings in the North Holland Court (WPV is legally resident in the Netherlands) seeking a court order restoring the player’s Sport Class Status to Confirmed and a confirmation that the player was allowed to participate in the Paralympic Games.
A significant amount of evidence was presented at the hearing as regards the Classification Rules, the rationale for the International Federation Protest, and the basis for WPV’s view that the player may have been allocated an incorrect Sport Class. The Court rejected the requests of the player and ruled in WPV’s favour. The Court found that WPV had acted diligently, fairly and reasonably in applying the Classification Rules and reaching the decision to make an International Protest.
WPV regrets the fact that the player has been unable to take part in the Paralympic Games. Throughout this matter WPV’s focus has been to apply the Classification Rules fairly and impartially, comply with the IPC Classification Code, and ensure that the integrity of the Paralympic Games is not undermined.
The decision with grounds (in Dutch language) has been made publicly available by the Court and is available via this link.
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