Thema moves on TTGF; gymnast seeks damages and relief for wrongdoings

Trinidad and Tobago international gymnast Thema Williams will seek “damages, declarations and relief for all of the wrongdoings” from the Trinidad and Tobago Gymnastics Federation (TTGF), as attorneys for the 20-year-old athlete served legal notice of her intention today.

Williams is represented by local attorney Keith Scotland and Canada-based Dr Emir Crowne in the matter.

The attorneys claimed that Williams was the victim of clear bias and numerous attempts in bad faith to deny her the chance to compete at the Rio 2016 Olympic Games. This alleged bias on the part of the TTGF, which is headed by president David Marquez, supposedly culminated in the body’s controversial de-selection of Williams from the April 17 Rio Test event, on the eve of the competition.

Williams was replaced by the TTGF after her coach, John Geddert, revealed that she had a sore ankle and criticised her performance in training in an emailed report on April 15. Geddert subsequently claimed his words were taken out of context.

According to Williams’ contract with the local gymnastics body, she could only have been removed from the competition by the head of delegation after consultation with her coach, Geddert, and relevant medical personnel.

Marquez confirmed at a press conference last Wednesday that the TTGF did not tick all those boxes but countered that the body was forced at act swiftly in the interest of the sport, after concerns about Williams’ health.

The TTGF replaced Williams with 18-year-old alternate, Marisa Dick.

“Our Client has been the victim of many attempts on the part of the TTGF to thwart her journey to becoming an Olympic athlete representing Trinidad and Tobago,” stated Williams’ legal correspondence. “Our client has a legitimate expectation that the TTGF should act in good faith and in an unbiased manner. Our client avers that this expectation was not met.

“Our Client also possesses certain contractual rights under the Athlete’s agreement. Accordingly, our Client seeks several remedies for these unresolved disputes that have arisen as a result of bad faith and bias on the part of the TTGF, and also breaches of the Athlete’s agreement.”

Scotland and Crowne alleged that the TTGF was biased towards Dick and was “overly oppressive” to Williams.

A posting on the International Gymnastics Federation (FIG) website, which was last updated in 2015, listed Dick’s coaches as Ovidiu Serban and Ricardo Lue Shue with Anita Pelletier as choreographer.

Lue Shue, who is the TTGF second vice president, and his wife, Donna Lue Shue, who is the assistant treasurer, were involved in the decision to replace Williams with Dick.

Donna Lue Shue, according to Dick, called the alternate to personally reveal the belated opportunity to her on the night of Friday April 15.

“We also maintain that the decision by the Federation to withdraw our client was tainted by bias,” stated the legal letter. “(It) cannot be disputed that the Vice President of the TTGF, Mr Ricardo Lue Shue was the coach of Ms. Marisa Dick, who was selected and sent to the Rio Olympic Test Event 2016 at curiously short notice.

“We submit that this decision to withdraw our Client from the Rio Olympic Test Event 2016 should be appreciated in the context of several actions taken on the part of the Federation…

“The sport of gymnastics is one of our Client’s most prized life achievements. Our Client was offered a full Gymnastics scholarship from Michigan State University which should have been taken upon on. However, our Client decided to decline this opportunity since, she had a legitimate expectation of representing Trinidad and Tobago in the 2016 Olympics.

“The Trinidad and Tobago Gymnastics Federation has continually made rulings and decisions regarding our Client in an overly oppressive, biased and harsh manner. Their decisions bear the hallmark of those made in bad faith.”

The TTGF is represented legally by Ramesh Lawrence Maharaj. The body’s general secretary, Elicia Peters-Charles, declined comment when Wired868 asked if Maharaj was working pro bono or whether the TTGF or even a third party was paying his legal costs.

Williams claimed: a breach of Part I clause III of the Athlete’s agreement (which states that she can only be excused from competition by the head of delegation after consultation with her head coach and medical personnel); unfair treatment, bad faith, bias, consequential damages and several breaches of the principles of natural justice.

As a result, Williams’ attorneys have requested that: she be confirmed as Trinidad and Tobago’s representative for the 2016 Olympics; the Trinidad and Tobago Olympic Committee (TTOC) declare the TTGF’s actions as unfair, biased and made in bad faith; damages be awarded for loss of chance and value of a scholarship to the University of Michigan that she turned down to train for the Olympics; and exemplary damages be awarded.

Should the TTGF fail to respond by 9 am on Wednesday April 27, Williams’ attorneys reserved the right to initiate legal action.

“If no response is received by 9 am local time (3 pm Lausanne time) on Wednesday, April 27, 2016, our client reserves all of her legal rights,” stated the legal letter, “including her right to commence proceedings in any appropriate forum, including the FIG’s Tribunals, the Court of Arbitration for Sport and the High Court of Justice.

“We intend to seek damages, declarations and relief for all of the wrongdoings and breaches that have accompanied this matter.”

The legal letter was also copied to the TTOC.

TTOC president Brian Lewis revealed yesterday that the body had received confirmation of the TTGF’s sole qualifying spot for the Rio competition.

The local Olympic body has until May 9 to decide if they will take up the berth. Dick is the only gymnast eligible to compete in Rio since Williams, as a result of the TTGF’s decision, did not compete in the Test event.

Williams’ Case:

We write in respect of Thema Yakaena Williams (hereafter referred to as ‘our Client’) who is represented by myself (Mr Keith Scotland), Mr Raphael Morgan and Mr Reza Ramjohn, all of Virtus Chambers, and Dr Emir Crowne of Crowne Sports Law.

By agreement dated the 25th January 2016, known as the ‘Athlete Agreement for the Test Event at Rio/Olympic Games 2016’ (hereafter referred to as ‘the Athlete’s Agreement’), our Client and the TTGF agreed to be bound to the terms stated therein.

Part III (Other Terms of the Agreement) Clause 4 of the Athlete’s Agreement dated the 25 January 2016 states:

4. Dispute Resolution. All disputes arising out of or connected with this Agreement are subject to resolution exclusively through the procedures set forth in the TTGF Bylaws, and/or, if appropriate, through the grievance procedures of the Trinidad and Tobago Olympic Committee.

There are no procedures set out in the TTGF’s bye laws with respect to Dispute Resolution between the Federation and its members. This deprivation in itself is unconstitutional and a breach of natural justice.

Accordingly, and pursuant to the above clause in the Athlete’s agreement, we are formally invoking the grievance procedures set out in clause 31 of the Constitution of the Trinidad and Tobago Olympics Committee. Clause 31 provides as follows:

I. All affiliated National Sports Organisations may submit to the Trinidad and Tobago Olympics Committee for settlement all disputes/conflicts within their Organisation, which such Organisation deems to be unresolved, subject to their respective constitutions and subject to the rules of their respective International Federations to which they are affiliated.

II. The Council shall within seven 7 days of receipt of submission appoint such one or more of its members (not exceeding three) to sit as arbitrators to consider the representations of the parties to the dispute/conflict.

III. The committee should invite the parties to appear before the arbitrator(s) and present their case in writing or verbally.

IV. The decision of the Arbitrators shall be delivered to the parties within 30 days of the date of receipt of the submission.

V. Any decision made by the Arbitrator(s) on behalf of the Council may be submitted exclusively by way of Appeal to the Court of Arbitration for Sport in Laussanne, Switzerland, which will resolve the dispute definitely in accordance with the Code of Sports related Arbitration. The time limit for Appeal is twenty-one days after the reception of the decision concerning the appeal.

Having regard to the Federation’s decision to withdraw our Client from the Rio Olympic Test Event 2016, which was made on or about the 16th April 2016 and communicated by e- mail to our Client’s coach, Mr. John Geddert on the 16th April 2016 at 12:27 a.m., several disputes under the Athlete’s agreement have now arisen. Several breaches of our own obligations to the FIG itself have also arisen.

Despite previous correspondence and protestations by and on behalf of our Client (including a formal Statement of Appeal delivered by ourselves on April 16th, 2016, which has gone unanswered), these disputes continue to be unresolved.

Accordingly, please find enclosed a Notice of Unresolved Disputes between our Client and the Federation, which arise out of/or are connected with the Athlete’s Agreement, and your own agreement to be bound by the rules of the FIG.

In any event, and having regard to the Federation’s demonstrated predisposition and bias against our Client (particulars of which are set out in the enclosed Notice), we have copied this correspondence to the TTOC and other relevant parties.

We request the Federation’s urgent undertaking in writing that it shall immediately initiate and participate in the Dispute Resolution procedures as set out above.

We trust that the Federation will respond with the greatest of urgency so as to ensure that these disputes are resolved well in time for the 2016 Olympics, and that our Client’s chances to compete in those games are not unduly impeded or frustrated.

If no response is received by 9 am local time (3 pm Lausanne time) on Wednesday, April 27th, 2016, our client reserves all of her legal rights, including her right to commence proceedings in any appropriate forum, including the FIG’s Tribunals, the Court of Arbitration for Sport and the High Court of Justice. We intend to seek damages, declarations and relief for all of the wrongdoings and breaches that have accompanied this matter.

Please govern yourselves accordingly.

Sincerely,

Unresolved Disputes

Background:

The unresolved disputes that we have set out below are grounded in our Client’s unfair treatment as a Member in good standing of the Trinidad and Tobago Gymnastics Federation (TTGF).

Our Client has been the victim of many attempts on the part of the TTGF to thwart her journey to becoming an Olympic athlete representing Trinidad and Tobago.

Our client has a legitimate expectation that the TTGF should act in good faith and in an unbiased manner. Our client avers that this expectation was not met. Our Client also possesses certain contractual rights under the Athlete’s agreement.

Accordingly, our Client seeks several remedies for these unresolved disputes that have arisen as a result of bad faith and bias on the part of the TTGF, and also breaches of the Athlete’s agreement.

 

Summary of Events:

Prior to the World Artistic Gymnastics Event in Glasgow, Scotland, there was an agreement between the athletes and the TTGF that the highest scoring athlete at this event would proceed to compete at Olympic Test Event.

In this event, which took place in October 2015, our Client scored the highest of all other contenders from Trinidad and Tobago. In spite of our Client’s accomplishment, the Federation hesitated in making an official announcement.

The TTGF remained silent on the issue for a prolonged period thereafter. The hesitancy of the TTGF to make this declaration speaks to the manner in which decisions are made within this Federation. It was in fact the Trinidad and Tobago Olympic Committee (TTOC) that officially announced that our Client would move on to the Olympic Test Event.

Our Client was finally selected to proceed to the Rio Olympic Test Event 2016.

By agreement dated the 25th January 2016, known as the ‘Athlete Agreement for the Test Event at Rio/Olympic Games 2016’, it was acknowledged that our Clients performance in the 2015 World Championships in Glasgow, Scotland qualified her as the athlete slated to compete for Trinidad and Tobago in the Rio Olympic Test Event 2016.

That agreement set out the terms and conditions of our Client’s participation in the said event as well as the Federation’s powers and duties in respect of our Client’s participation.

Soon thereafter, a story then emerges and receives public attention that our Client posted revealing photographs on social media. Though these photographs were manifestly artistic in nature, The Trinidad and Tobago Gymnastics Federation sought to magnify the gravity of the matter.

Our Client was also sent written correspondence stating that the matter was being referred to the Disciplinary Committee.

After many weeks of uncertainty, the TTGF, having maintained a loud silence, was forced to allow the status quo to prevail. This decision came after widespread protest that our Client’s rights were being infringed.

Our Client insisted, and remains adamant, that she did nothing wrong.

Our Client travelled to Rio de Janiero in order to compete in the Rio Olympic Test Event 2016. On the 15th April 2016 at 7.24 pm, our Client’s coach sent an e-mail correspondence to a one Ms Frances Dow, who is the International Relations Officer at the TTGF. In this correspondence, he provided a status update.

In response to this e-mail, on the 16th April 2016 at 12:27 a.m., the President of the Trinidad and Tobago Gymnastics Federation, Mr David Marquez, communicated to our Client’s Coach that ‘the Federation had unanimously decided to pull Thema from the Test Event. Arrangements are being made to have the alternate Marissa [sic] Dick compete.’

That decision was in breach of Part I Clause 3 of the Athlete agreement.

Under part I (Athlete’s Obligations) Clause 3 of the Athlete’s Agreement, in order for an Athlete to be withdrawn, the Head of the Delegation must excuse that athlete. The Head of the Delegation must also consult with the Athlete’s Coach and Medical Practitioner before making the decision to withdraw the Athlete from the event.

The TTGF is not empowered to withdraw an athlete. The TTGF agreed with our Client that the power to withdraw is to be exercised, by the Head of the Delegation, who must consult with certain named officials before making a decision. In any event, even if the TTGF had the power to withdraw our Client (which is denied), it still did not consult a medical expert and/or our Client’s coach.

That breach is clear and unequivocal. It is evidenced by the fact that Mr. David Marquez, in his email of 16th April 2016 at 12.27 am, states that ‘We do suggest that Thema be taken to the meet physician to report on the extent of her injury. We would appreciate a copy of that report’.

We also maintain that the decision by the Federation to withdraw our client was tainted by bias. (It) cannot be disputed that the Vice President of the TTGF, Mr Ricardo Lue Shue was the coach of Ms Marisa Dick, who was selected and sent to the Rio Olympic Test Event 2016 at curiously short notice.

We submit that this decision to withdraw our Client from the Rio Olympic Test Event 2016 should be appreciated in the context of several actions taken on the part of the Federation. It is one of many actions taken on the part of the Federation to victimize our Client.

The sport of gymnastics is one of our Client’s most prized life achievements. Our Client was offered a full Gymnastics scholarship from Michigan State University which should have been taken upon on.

However, our Client decided to decline this opportunity since, she had a legitimate expectation of representing Trinidad and Tobago in the 2016 Olympics.

The Trinidad and Tobago Gymnastics Federation has continually made rulings and decisions regarding our Client in an overly oppressive, biased and harsh manner. Their decisions bear the hallmark of those made in bad faith.

It is on this basis that our Client has outlined several unresolved disputes with the Trinidad and Tobago Gymnastics Federation.

Any objective observer would reasonably come to the conclusion that the Federation was predisposed against our Client competing in the 2016 Olympics and was favourably disposed to Ms Marisa Dick competing in same.

An objective observer would also reasonably come to the conclusion, in all of the circumstances, that the action taken by the Federation to withdraw our Client in breach of the established and agreed procedure and to send instead an athlete who Coach is the Vice President of the Federation is unsportsmanlike, contrary to the ideals of the Olympics, and is plainly wrong.

Our Client’s Unresolved Disputes:

1.Breach of Part I clause III of the Athlete’s agreement;

2. Unfair treatment of our Client by the Federation and the consequent rescission of the Athlete’s Agreement was done in bad faith and/or was tainted by bias;

3.Consequential Damages; and

4.Several breaches of the principles of Natural Justice.

 

Our Client Claims The Following:

1.That our Client be confirmed as the Olympic athlete to represent Trinidad and Tobago in the 2016 Olympics;

2.AdeclarationfromtheTrinidadandTobagoOlympicsCommitteethatthoseactions in contention, which were taken by the Trinidad and Tobago Gymnastics Federation in this matter, were unfair to our Client and were decisions that were biased and made in bad faith;

3.Damages including damages for loss of chance and value of the aforementioned scholarship; and

4.Exemplary damages.

Our Client reserves the right to add and/or amplify the aforementioned grounds at, or before, the arbitration proceedings.