A long day with lots of lawyers
Yesterday I participated in arbitration on this whole crazy situation. It was long and tough and not very enjoyable but it was something that had to be done.
At the end of it all, the Arbitrator found that the system was flawed and that that flawed system was applied to me and I suffered from it. He felt that he did not have the power to name me to the Olympic team because USA swimming did not go outside of it’s rules to avoid naming me to the team but that I still may have cause to ask for damages and a rule change. Since there isn’t a lot of urgency to these two things, the Arbitrator has set the matter over for at least a month, and I am going to think about picking them up at a later point to avoid being a distraction to the team.
It’s disappointing but not devastating. I haven’t had a great track record of things going my way lately but I still feel that we made progress. Not as much as I would like and not as much as I feel that I deserve, but progress nonetheless. I wouldn’t say that the decision suggests that USA swimming was right in what it did. It simply means that we can’t turn back time on what happened and make me and 2008 Olympian as I should be.
I wish Rebecca Soni, the person who is going to swim Jessica Hardy’s vacant spot, the best of luck. I’ll be cheering for her as hard or harder than anyone else and I hope that she and the rest of the team swim very well. I also hope that this has not been a distraction to them but I felt that it was necessary to everyone in swimming that I make this stand to have rules fixed for the future. It wasn’t something I enjoyed but it was something that had to be done.
USA swimming should not take this decision to mean that they won and that they don’t have to change anything. That’s why the Arbitrator has kept the case to consider what else it might be appropriate for him to do. Clearly, the selection procedures were flawed and only a fool would leave them as they are to await the next disaster. Let’s hope that at some point they are willing to acknowledge their mistake.
August 6th, 2008 at 10:43 am
Tara -
Your a class act and a champion in the eyes of those who love this sport!
August 6th, 2008 at 1:07 pm
wow yeah what you did to fight for your spot defines your oustanding character and you should be proud of everything that you have accomplished in your swimming career.
August 6th, 2008 at 1:40 pm
I was concerned that you would lose your passion for swimming or become embittered because of what happened. I am glad to see that you have taken the best road to personal recovery - fight for what is right, but without losing sight of your future potential accomplishments. I hope you do not retire from swimming, but that you stay to compete again for several years to come (at least).
A suggestion: you might consider talking to athletes that lost their opportunity to compete because of the 1980 boycott. I am certain that they to had to go through a grieving process when their Olympic dreams were stolen from them. They may be able to give you some helpful insight as to how to go on, or at least give you someone to talk to besides Amanda and Lara, who have space and years to become more objective.
I was concerned about what to say to my son regarding his sport and what happened to you. He has looked up to you since he began swimming. He is still very young. I think that I am less concerned based upon how you have handled this tragic situation. I believe I will have him read your blog so that he can see what a truly classy person does when faced with an untenable situation.
Best of luck!
August 6th, 2008 at 3:32 pm
I am both sorry and angry about the Arbitrators decision. I think it was a lot like trying to get one Doctor to testify against another, it just does not happen.
USA, including Chuck and his crew, did everything they could to make it sound like TARA was asking for the unreasonable. Now, let’s ask the question, had this been Mark Shubert or Bob Bowmans swimmer, then what? I know they personally don’t share any animosity toward Tara, but it is pretty clear, that each coach does watch out for their own, as they should…….however it should NOT be at the expense of another swimmer. Looks like there was a way to add Jack’s swimmer to the roster, when it was clear that Dara was NOT giving up her relay spot only her individual swim. Now we have SEVEN potential 400Fr relay swimmers. So, Tara, the swim world supports you, hopefully everyone swims well and that your day in court with USA swimming will provide justice! USA swimming should be sooooooooo ashamed !
August 6th, 2008 at 4:33 pm
I too am very angry at this outcome. Reading the decision, it seemed to be framed against you from the beginning. I think I’ve discovered what makes me so angry and ashamed of USA Swimming. I would have thought that the powers that be would attempt to find any way within or without the “rules” to replace Jessica Hardy with the BEST swimmers available. Who could protest if somehow Jessica had been replaced with the 3rd place finishers. Especially in the case of a doping violation. For what other reason do these regulations exist, but, to help assure fair competition, and swimmers such as you receiving the palce and honor deserved. I can’t see how USA Swimming and the USOC could stand AGAINST these swimmers, rather than come up with a creative solution as soon as it was assured Jessica would not swim. USA Swimming owes it to this country and all US Olympic team members to put the BEST team on deck. I am afraid that the stench of favoritism hangs over this situation worse than the air in Beijing.
I regret to think that you have carried this as far as you could for now. I know no compensation from USA Swimming will make up for this missed chance to swim in, what I hope is not, you last Olympics, in China. I do, however, hope you will carry the fight on and at least make them realize and admit this horrible and cruel mistake and make sure it never happens again.
I with you well in your future endeavors. Thank you for your inspiration to my children.
Good Luck!
August 6th, 2008 at 6:38 pm
Thank you for all of your efforts to not let this whole ordeal go quietly away. Your actions and responses are a wake up call to USA Swimming. “Following policy” is not an acceptable reply. How about putting the most qualified swimmers on the USA Olympic Team? Why were there not alternates, in all of the events, on stand by, in case of injury or positive drug tests? That would have been such a simple solution. The swimmer who touches third, goes home and continues training in anticipation of joining the team should the need occur. Having understudies has worked for years in live theater. And of course the obvious, have the Trials much further ahead of time. There would be more time to plan for both the team and for loved ones. Especially for an Olympics that’s so far away in location. Tara, you should be proud because many are proud of you. Moving forward and remaining positive is the way to be. Continue supporting the team and Rebecca Soni. No matter if she swims well or swims poorly in the 100 breast, I will always wonder, what if Tara Kirk had swum?
August 6th, 2008 at 7:17 pm
Tara, read the Swimming World article about this. Six comments (including one by Chad Carvin), all saying something about how “for the first time, I am ashamed of USA Swimming.” (Almost) the entire country is behind you, and we all know you should be a 2008 Olympian.
August 7th, 2008 at 5:14 am
I just can not figure it out why they would not be advocating for you (getting best possible swim team). Of course technically they had the right to not put you on the team but why were they not about doing what was right not what was easiest. Perhaps we could ask Chuck Wielgus at cwielgus@usaswimming.org (phone number is also on the swimmingworld comments). Does the Court for Arbitration and Sport offer any hope?
August 7th, 2008 at 7:23 am
Kudos to the writer above, I think USA Swimming, AKA Chuck & co., need to hear from each of us via email or a phone call (tele # on Swim World). What is the procedure for USA presidential impeachment? USA swimming need a new face that will represent and fight for it’s athletes in a manner that is fair, equitable and in the best interest for ALL in USA swimming, not hide behind legalese!
August 7th, 2008 at 8:21 am
I join the crowd that urges you “not to give up the fight” in the months to come. Its never fun to spend long days with lots of lawyers but sometimes its necessary to get to the correct result. If positive doping results require automatic immediate suspension and USA knew about the Hardy results prior to the Olympic Team final roster deadline date and failed to act, you should be in a very strong position - not only from a personal damages point of view but to achieve the rule changes that appear to be necessary to prevent this scenario from possibly repeating itself in the future.
August 7th, 2008 at 9:06 am
FYI to swim49mom:
Mark Schubert is Rebecca Soni’s coach. This is the young women who was 4th in the 100 who now enjoys an extra event at the Olympics. Schubert takes care of #1 his own swimmers!
August 7th, 2008 at 11:14 am
And don’t forget, Jack Bauerle is Kara Lynn Joyce’s coach. hmmmmmm????
August 7th, 2008 at 6:15 pm
FWIW, I emailed the media contact at the US swim team and told them to get you on the team - it would make a feel good story, and right now, with drugs shadowing the sport, it’s all bad news. Wish they’d be smart enough to do it.
August 8th, 2008 at 1:59 pm
Whatever the arbitrator’s decision, you still carry the dreams of thousands of fellow swimmers. Hopefully an alternate in each event will become standard now - at worst it’s a consolation for the third place finisher, at best it prevents this situation from recurring.
It made me so happy when Dara got her spots to know that I didn’t have to question a jacked 40 year old performing like she does, because every swimmer knows how clean our sport is. I think USA Swimming was so shocked by the doping that they didn’t know how to procede. When American swimmers fail drug tests its because they took the wrong cold medication, or forgot to fill out a form about their ADD medication. Unless things have changed in the last 4 or 5 years, that’s just not our sport in our country.
August 9th, 2008 at 11:09 pm
I’m not sure that Swimming World will post my response to Chuck Wielgus’ letter, so I’ll try to recreate it here.
“1. Dr. Anthony Butch has stepped up, claimed responsibility and apologized for his lab’s part in the late Jessica Hardy doping results.
2. Jessica Hardy became ineligible to be a US Olympian the moment she tested positive (I feel she became ineligible the moment she took the illegal substance, but that’s harder to prove.). Those were the rules under which she agreed to swim for USA Swimming. Once busted, USA Swimming cannot apply a more lenient standard than the approved and published “procedures and policies” of USA Swimming.
3. Chuck Wielgus and Mark Shuster need to take a page from Dr. Butch’s mannual and man up, grow a pair, accept responsibility for how badby things were handledand apologize to the swimmers affected and to the USA for the publicity nightmare they created. It might just make men out of them instead of the whiney, finger-pointing toddlers they have been coming across as.” (Posted to Swimming World on 8/10/08
I have been following Tara’s blog for quite some time & was devastated for her when she got edged out, but the clock doesn’t lie. The top two swimmers should go, and by USA Swimming’s own rules, Jessica Hardy wasn’t number 1, becuse she is ineleigible. Three swimmers were screwed out of their dreams because USA Swimming didn’t want to deal with a positive drug test in a fair and UNBIASED manner.
I hope that Tara continues to pursue this after the Olympics because some things need to change. Put alternate team members in the “policies & procedures” so that this doesn’t happen again in 2012. USA Swimming did a HUGE disservice to athletes everywhere who sacrifice their personal lives for the good of this organization. Karma dictates that it’s their turn.
Tara - stay strong and know that Chuck Wielgus’ slimy, shift the blame comments don’t hurt your reputation - it just solidifies his. These men would have tiny little lives if it weren’t for the swimmers who elevate them!