Current through the 2024 Regular Session
Section 73-42-31 - Civil remedies(1) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this act. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees, except that costs and attorney's fees shall not be levied against a public educational institution.(2) Damages of an educational institution under subsection (1) include losses and expenses incurred because, as a result of the activities of an athlete agent or former student-athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified or suspended from participation in athletics by a national association , a conference or any other group or organization with authority over the sport, that promotes or regulates collegiate athletics or by reasonable self-imposed disciplinary action taken to mitigate sanctions.(3) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or student-athlete.(4) Any liability of the athlete agent or the student-athlete under this section is several and not joint.(5) This chapter does not restrict rights, remedies or defenses of any person under law or equity. Laws, 2001, ch. 536, § 16; brought forward without change, Laws, 2011, ch. 541, § 16, eff. 4/26/2011.Amended by Laws, 2024, ch. 378, SB 2417,§ 21, eff. 4/18/2024.