164.6929 Right of action of educational institution or student-athlete for damages
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/ky/164-6929A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
caused by violation of KRS 164.6901 to 164.6935.
(1)An educational institution or student-athlete may bring an action for damages
against an athlete agent if the institution or student-athlete is adversely affected by
an act or omission of the athlete agent in violation of KRS 164.6901 to 164.6935.
An education institution or student-athlete is adversely affected by an act or
omission of the athlete agent only if, because of the act or omission, the institution
or an individual who was a student-athlete at the time of the act or omission and
enrolled in the institution:
(a)Is suspended or disqualified from participation in an interscholastic or
intercollegiate sports event by or under the rules of a state or national
federation or association that promotes or regulates interscholastic or
intercollegiate sports; or
(b)Suffers financial damage.
(2)Damages under subsection
(1)of this section include losses and expenses incurred
because, as a result of the conduct of an athlete agent or former student-athlete, the
educational institution was injured by a violation of KRS 164.6901 to 164.6935 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 such an organization.
(3)A plaintiff that prevails in an action under this section may recover actual damages,
costs, and reasonable attorney's fees. An athlete agent found liable under this
section forfeits any right of payment for anything of benefit or value provided to the
student-athlete and shall refund any consideration paid to the agent by or on behalf
of the student-athlete.
(4)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 former student-athlete.
(5)Any liability of the athlete agent or the former student-athlete under this section is
several and not joint.
(6)The department may assess a civil penalty against an athlete agent not to exceed
fifty thousand dollars ($50,000) for a violation of KRS 164.6901 to 164.6935.
(7)KRS 164.6901 to 164.6935 does not restrict rights, remedies, or defenses of any
person under law or equity.