Andy is a junior at Aquatic State University and the National Collegiate Athletic Association (NCAA) champion in the 100-meter butterfly swimming event. In the recently competed Olympic trials conducted by states swimming Inc., he finished fourth in this event only 0.01 seconds behind the third-place finisher. He was not selected for the Team USA swimming team because only the top three finishers qualify for this event Andy believes that the winner of this event used an illegal kick during that race and should have been disqualified. He promptly filed a complaint with the USS race officials overseeing this event, which was rejected within one hour after the race ended. The USS’s executive committee, its highest internal authority, denied his appeal. Is Andy likely to be successful in an AAA section 9 arbitration proceeding against USS? If he sues the USOPC and the IOC in the U.S. court, seeking a court order enabling him to participate as a member of the Team USA in the 100-meter butterfly swimming event in the upcoming Olympic Games that will be held in the United states, is he likely to be successful?
