§70-822.3. Right of action for postsecondary institutions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Each public and private institution of postsecondary education located in this state that participates or engages in intercollegiate athletics shall have a right of action against any person who engages in any activity concerning student-athletes that results in:

1. The institution being penalized, disqualified, or suspended from participation in intercollegiate athletics by a national

association for the promotion and regulation of intercollegiate athletics, by an athletic conference or other sanctioning body, or by reasonable self-imposed disciplinary action taken by the institution to mitigate sanctions likely to be imposed by the organizations as a result of the activity; or

2. The student-athlete permanently or temporarily losing athletic scholarship eligibility, the ability to participate on an intercollegiate athletic team, or the ability to participate in one or more intercollegiate sporting competitions as sanctioned by a national association for the promotion and regulation of intercollegiate athletics, by an athletic conference or other sanctioning body or by the institution itself as a reasonable self- imposed disciplinary action taken by the institution to mitigate sanctions likely to be imposed by the organizations as a result of engaging in the activity or as a violation of the rules of the institution.

B. An institution shall be entitled to recover all damages which are directly related to or which flow from and are reasonably related to the improper activity as described in this section and to any penalties, disqualifications and suspensions. Damages shall include, but are not limited to, loss of scholarships, loss of television revenue, loss of bowl revenue and legal and other fees associated with the investigation of the activity and the representation of the institution before the sanctioning organizations in connection with the investigation and resolution of the activity.

If the institution is the prevailing party in its cause of action, it shall be entitled to an award of court costs, costs of litigation and reasonable attorney fees. The institution may request and the court may enter an injunction prohibiting any person found liable from having any further contact with the institution, its student-athletes and student-athletes who have expressed or might express an interest in attending the institution. The institution may also request and the court may enter an injunction prohibiting any person found liable from attending athletic contests, exhibitions, games or other events in which one or more student-athletes are participating.

C. The right of action and remedies under this section are in addition to all other rights of action which may be available to the institution. Added by Laws 2016, c. 13, § 3, eff. Nov. 1, 2016.