Facts
The International Rugby Board (IRB) charges Andrew Hanks (the player) for a violation of the Anti-Doping Rules. On 8 November 2005, the Player was randomly selected for out of competition testing. He was required to provide an urine specimen to a doping control officer. In the Doping Control Form which he completed, the Player declared that he was using Proscar and daily vitamins. Analysis of the “A” sample indicated a positive test for the presence of finasteride in the Player’s urine sample.
History
Dr. Hilger wrote that he had been treating the Player for early male pattern hair loss since August 2003 and that he had, at that time, placed him on propecia. "I was unaware that propecia (finasteride) was banned, and I believe Andrew was also. The drug was prescribed by me, in good faith, over the last 2⅓ years, at the doses above [1mg daily], for a recognized condition and consistent with FDA indications and dosages. There certainly was no intent by the patient or myself to seek unfair competitive advantage, only a better anterior hairline! The patient … has discontinued use of finasteride."
Decision
Regulation 21.22.4(b) permits us to reduce the Player’s period of ineligibility by up to one half of the minimum period of ineligibility otherwise applicable, which, for this infraction, is two years. In the circumstances of this case we are of the view that the Player’s period of ineligibility should be reduced by the maximum permitted to one year.
The Judicial Committee is entitled to take into account any period of Provisional Suspension and to credit it against the total period of ineligibility to be served. It is appropriate that we do so in this case. The Player will therefore remain suspended up to and including 27 December 2006. During that time he will be subject to the conditions of ineligibility.
