The Sports Tribunal says Cycling New Zealand relied on inaccurate and out-of-date medical information when it made the decision not to nominate mountain biker Sammie Maxwell for the upcoming Paris Olympics, 1News can reveal.
Cycling New Zealand chose not to nominate Maxwell as they were not satisfied she had demonstrated she "does not suffer from any mental or physical impairment that would prevent [her] from competing at the 2024 Games to the highest possible standard" which was part of the eligibility criteria.
It has been well documented Maxwell had suffered from an eating disorder in the past – something she spoke about publicly with Breakfast host Chris Chang in May when the New Zealand Olympics Committee (NZOC) marked 100 days to go.
The 22-year-old filed an appeal to the tribunal and was successful on two grounds:
- That Cycling New Zealand did not properly implement or follow the nomination criteria; and
- There was no material on which the decision could reasonably be based.
The tribunal found Cycling New Zealand relied on out-of-date and inaccurate information when it came to assessing the current state of her health.
Sammie Maxwell has not officially been named in the NZ Olympic team for Paris yet, but is tipped to bring her personality and skill to the track. (Source: Breakfast)
Maxwell was also given no opportunity to see or respond to a medical report that was pivotal in Cycling New Zealand’s decision, something the sporting body admitted to under cross-examination.
"The nomination decision might well have been different" if Maxwell was able to correct the inaccurate and out-of-date medical information, the tribunal's full decision read.
It also stated that Cycling New Zealand's high performance director influenced the nomination process by presenting a "skewed" memo. Certain paragraphs were selected from a doctor’s report and from supporting evidence provided by Maxwell. He then added his own emphasis to them. The director's involvement was described by the tribunal as "inappropriate" and that his memo carried "considerable influence over the panel's decision".
The tribunal noted "an eating disorder can be a lifelong condition with ups and downs" but at the time of Maxwell's appeal, she was "better than she has been for quite some time".
The tribunal is also concerned that Cycling New Zealand is taking a discriminatory attitude towards athletes who have eating disorders, as Cycling New Zealand's decision "is essentially saying that if an athlete has an eating disorder, they must have a mental and/or physical impairment".
Evidence submitted during the appeal set out the support system Maxwell has had in place and the healthy weight she has been at.
1News has approached Cycling New Zealand for comment.
It is now up to the New Zealand Olympic Committee to decide whether Maxwell should be selected for Paris – though there is no timeframe on that decision.
"The NZOC has received the tribunal’s decision and is working through the process to consider selection," a spokesperson said.
Maxwell has been mountain biking since she was a teenager, working alongside coach Sam Thompson for the past six years. Together, they’ve positioned her as one of the 'rising stars of the sport', earning her a quota spot in at the upcoming Olympics.
SHARE ME