§ 3516. Civil remedy.
270 words·~1 min read·
/pa/title-5/chapter-35/3516A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 3516. Civil remedy.
(a)Cause of action.--
(1)An educational institution or a student athlete may bring an action for damages against an athlete agent if the educational institution or student athlete is adversely affected by an act or omission of the athlete agent in violation of this chapter.
(2)An educational institution is adversely affected by an act or omission of an athlete agent only if, because of the act or omission, the educational institution:
(i)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 which promotes or regulates interscholastic or intercollegiate sports; or
(ii)suffers financial damage.
(3)A student athlete is adversely affected by an act or omission of an athlete agent only if all of the following apply:
(i)At the time of the the act or omission, the student athlete was enrolled in an educational institution.
(ii)Because of the act or omission, the student athlete:
(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 which promotes or regulates interscholastic or intercollegiate sports; or
(B)suffers financial damage.
(b)Recovery.-- A plaintiff that prevails in an action under this section may recover actual damages and court costs. 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 consideration paid to the athlete agent by or on behalf of the student athlete.
05c3517s