Team Selection and Protected Competitions

**Please Note -  These definitions are provided for quick reference and educational purposes and do not supersede or replace definitions found in governing documents.

• Affected Athlete: An individual whose right or opportunity to participate in a competition may be adversely affected by the outcome of a grievance or arbitration proceeding
• Delegation Event: Refers individually or collectively to the Olympic Games, Paralympic Games, Pan-American Games, and Parapan American Games
• NGB (National Governing Body): A sports organization certified by the USOPC to manage a specific sport in the United States. Internationally these organizations are often referred to as National Federations.
• Protected Competition: is a Delegation Event or Qualifying Competition as defined in the USOPC Bylaws
• Qualifying Competition: Competition or selection activity - run by your NGB or international federation - where your results count toward qualifying for or being selected to represent Team USA at a Delegation Event. **See the USOPC Bylaws for official definition

Team selection is the process your NGB uses to identify and select athletes to represent the U.S. at major international competitions.

Selection procedures outline who is involved, what criteria are being evaluated, and how athletes are chosen to promote fairness and transparency in the selection process.

Your NGB is responsible for creating selection procedures. For Protected Competitions, NGBs are expected to use a Designated Committee with at least 33% athlete representation in the drafting and implementation processes. For Delegation Events, drafted selection procedures must be submitted to and approved by the USOPC.

The selection committee is responsible for implementing the published selection procedures and overseeing the process of selecting athletes for the specific team or event. Their role typically includes:

• Applying objective and subjective selection criteria
• Documenting and communicating decisions
• Ensuring the process is fair, consistent and transparent
• Responding to selection-related questions

These committees are often made up of experienced individuals such as coaches, athletes, high performance staff, and sport experts.

Selection procedures outline how athletes are chosen for a specific team or event. They typically include:

• Eligibility requirements (i.e. age, citizenship, membership, etc.)
• Competition(s) and key dates
• Qualification and quota allocation information
• Selection criteria
• Details on how and when selections are made
• Information about the selection committee
• Appendices with relevant rules or policies

Eligibility Requirements refer to the minimum standards or conditions an athlete must meet to be considered for selection to the events identified in the selection document. These requirements are established to ensure that all candidates are qualified and eligible under the relevant rules and regulations. Examples of common eligibility requirements include citizenship / nationality, age, classification, membership, and adherence to regulations, such as anti-doping or conduct standards.  

In addition to baseline eligibility requirements, selection criteria can be a combination of objective and subjective factors appropriate to your sport.

• Objective Criteria is measurable and articulated with specificity. Examples include times, world rankings, or event results.
• Subjective Criteria (also called discretionary criteria) are selection factors used by the selection committee to identify the most capable athletes when performance cannot be determined by objective measures alone. These criteria allow for the consideration of unique variables, such as recent injury or illness, equipment issues, or an athlete’s performance trajectory and potential for international success. To ensure fairness and transparency, they should be grounded in objective evidence wherever possible and applied consistently across all athletes being considered.

As a Team USA athlete, you have important protections, including:

• Equal opportunity to participate in protected competition.
• Published participation criteria and selection criteria for all Protected Competitions.
• Athlete representation in the drafting and implementation of selection procedures for Protected Competitions.
• Fair notice and an opportunity for a hearing before being declared ineligible to participate.
• Access to dispute resolution processes for controversies involving your opportunity to participate

Team USA Athletes - If you have questions about these protections as a Team USA Athlete, our office is available to discuss any situation or circumstance you may be navigating.

There are several pathways for athletes to share their voice with those involved in selection and governance, including:

• Talk to your athlete reps: NGB committees that make decisions impacting elite athletes, including those developing, approving, and implementing selection criteria (Designated Committees), must have at least 33.3% athlete representation.
• Engage in feedback opportunities: Attend athlete meetings, town halls, or comment periods.
• Contact your High-Performance staff: Whether in the drafting phase or once procedures are finalized and published, it is best to raise questions and concerns early or seek clarification on things you do not understand, prior to the start of the evaluation events whenever possible.
• Reach out to the Athlete Ombuds: As Team USA Athletes, we can help you understand your rights, be a sounding board for questions or concerns and help identify pathways to use your voice within your NGB.

The Athlete Ombuds provides confidential, independent, and impartial support to Team USA athletes across all sports within the Olympic and Paralympic Movement. In the context of team selection, the Ombuds serves as a neutral and knowledgeable resource to help athletes understand their rights, options, and the processes that govern selection and participation. 

Team USA Athletes - In team selection matters, the Athlete Ombuds can help you:

• Review and discuss selection procedures and related rules, including those established by your NGB and the USOPC.
• Clarify your rights under applicable laws and policies, such as your right to compete and opportunity to participate.
• Navigate challenging selection situations with advice and conversation coaching.
• Explore options for resolving concerns — whether through informal dialogue, an NGB grievance, or a Section 9 complaint.
• Navigate the grievance process procedurally, serving as a sounding board for questions, obstacles, or next steps.
• Facilitate communication with your NGB to seek clarification or promote transparency when possible.
• Provide resources and referrals, including information to help you decide if obtaining legal counsel may be beneficial.

In addition to the Athlete Ombuds, there are a number of resources in place to support Team USA Athletes and the team selection ecosystem, including:

• Team USA Psychological Services – A team and network of support that provides mental health and performance wellness support to Team USA Athletes. Learn more on this webpage.
• NGB Athlete Advisory Council & Athlete Reps – A group of athletes elected to represent athlete voices within your NGB. These groups advocate for athlete interests, provide input on policies and processes (including selection procedures), and serve as a connection between athletes and NGBs. Visit your NGB’s website to learn more about the athlete reps in your sport.
• USOPC Dispute Resolution Unit - Administers formal dispute processes under the Jurisdiction of the USOPC, including Section 9 Right to Compete grievances. Learn more on this webpage.
• USOPC Ethics and Compliance – Manages the NGB audit and certification processes as well as reports of non-compliance. Learn more about the audit and certification process on this webpage and options to report a concern on this webpage.
• Attorneys familiar with the Olympic & Paralympic Movement – Attorneys can provide independent legal advice and individual representation related to selection disputes. As one potential resource, our office has a list of attorneys who have asserted that they have represented athletes in sport related disputes within the Olympic and Paralympic Movement. The lawyers on this list have made themselves available to discuss representation of any athlete, coach, referee or official. Please note that you are not limited to the attorneys on our list, and we encourage you to speak with and choose whomever you please. Any engagement or fee arrangement would be between you and them.

The Ted Stevens Olympic and Amateur Sports Act and USOPC Bylaws require that the USOPC and NGBs provide processes for the resolution of disputes. There are two common pathways for addressing selection-related grievances:

• NGB grievance procedures - Each NGB has its own process (often called a “Right to Compete” or “Opportunity to Participate” complaint).
• USOPC Section 9 process - For disputes involving Protected Competitions —as defined in the USOPC Bylaws—you may file a Section 9 complaint directly with the USOPC. 

Team USA Athletes - Before filing a formal complaint, we strongly recommend you contact our office. We can help you understand your options, determine the appropriate pathway, and explore possibilities for informal resolution, either before or alongside the formal process.

NGB grievance processes are typically:

• Less costly and less formal from a legal sense - making them potentially easier to navigate without representation
• Heard by a hearing panel with athlete representation on the panel
• Appealable to arbitration
• Check your NGB’s bylaws and grievances procedures for specifics

Section 9 complaints are typically:

• More costly with higher filing fees and more formal from a legal sense - legal counsel is recommended
• Heard by a neutral Arbitrator
• Final and binding
• See the Section 9 question below and the USOPC DRU webpage for more information

Team USA Athletes - Our office is available to discuss the differences between the pathways and answer any questions.

Under Section 9 of the USOPC Bylaws, no NGB recognized by the USOPC may deny or threaten to deny an athlete the opportunity to participate in a Protected Competition, as defined in the Bylaws.

If an athlete believes their opportunity to participate in a Protected Competition has been denied, they may file a Section 9 complaint with the USOPC.

Filing a Section 9 complaint formally notifies both the USOPC and the NGB of the allegation. After a complaint is filed, the Athlete Ombuds and/or USOPC staff may attempt to help resolve the dispute informally through discussion or mediation, when appropriate.

At any point after filing a Section 9 complaint, an athlete may choose to file a demand for arbitration with New Era ADR to seek a final and binding decision from a neutral arbitrator.

As a general estimate, athletes should expect to initiate arbitration with approximately $2,000, not including their own attorney’s fees. Arbitrator fees may vary depending on the complexity and length of the case.

The following webpages include resources and links for Section 9 complaints:

• USOPC Bylaws - Section 1.3 includes the definition of Protected Competition and Section 9 outlines more information about Section 9 complaints.
• USOPC Dispute Resolution Unit – Includes information about the arbitration rules, the DRU policy and procedures, the Section 9 complaint form, a link to files the demand for arbitration with New Era, and Section 9 resources.
• Section 9 Decisions - All past Section 9 cases are posted on the Team USA Website.

Team USA Athletes - Before filing a formal complaint, we recommend you contact our office for advice and assistance.

A hearing panel, arbitrator, or decision-maker is generally empowered to grant any relief that is considered fair and equitable under the circumstances. The specific outcome will depend on the timing of the event, the nature of your claim (e.g., selection decision, eligibility issue, or compliance concern), and the facts of your case. Possible remedies may include:

• Allowing you to compete in the event or competition you were previously denied access to. In some cases, this may require the removal or replacement of another athlete if participation opportunities are limited.
• Ordering a new or corrected selection process if the original process was not conducted in accordance with the published procedures.
• Reinstating your eligibility or team status if you were improperly removed or declared ineligible.
• Remanding the matter for reconsideration, directing the selection committee to review or reapply the criteria correctly. This commonly occurs when the NGB exercised discretion improperly or failed to follow procedures as written. The committee may be provided with specific instructions on how to apply criteria correctly.
• Issuing compliance directives or recommendations to ensure proper application of selection procedures in future competitions.

Team USA Athletes - Our office is available to discuss how your situation and the outcomes you are seeking may be viewed in the context of a grievance process.