37-76-119. 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 chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney fees.
     (2) Damages of an educational institution under subsection (1) 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 this chapter 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 a national organization or athletic conference.
     (3) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence should have discovered the violation by the athlete agent or former student-athlete.
     (4) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
     (5) This chapter is not intended to restrict any other rights, remedies, or defenses that a person may otherwise have under law or equity.

     History: En. Sec. 16, Ch. 410, L. 2003.