49-7-2137 - Legal remedies against violators.
49-7-2137. Legal remedies against violators.
(a) An educational institution has a right of action against an athlete agent or a current or former student athlete for damages caused by a violation of this part.
(b) Damages of an educational institution under subsection (a) include, but are not limited to, losses and expenses incurred because, as a result of the conduct of an athlete agent or a current or former student athlete, the educational institution was injured by a violation of this part or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by the organization.
(c) An educational institution that prevails in a suit brought under this section may recover:
(1) Actual damages;
(2) Punitive damages;
(3) Court costs;
(4) Reasonable attorney's fees; and
(5) Treble damages for any violation of this part that results in any ineligibility of a student athlete to compete, in an amount equal to three (3) times the value of the athletic scholarship furnished by the institution to the student athlete during the student athlete's period of eligibility.
(d) An action under this section shall be commenced by the aggrieved institution within three (3) years of the date damages to the institution resulting from a violation of this part are discovered or reasonably should have been discovered, whichever date is sooner.
(e) If both are at fault, the student athlete and athlete agent shall be jointly and severally liable for any damages awarded to an institution for a violation of this part that occurred during the student athlete's period of eligibility.
(f) This part does not restrict rights, remedies or defenses of any person under law or equity.
[Acts 2001, ch. 342, § 1.]