2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 118 - Miscellaneous Actions
§ 16-118-110. Civil Action for Damages Caused by Violations of Athletic Association or Conference Regulations - Definitions
(a) As used in this section:
(1) “Athlete agent” means the same as defined in § 17-16-102;
(2) “Damages caused by violations of athletic association or conference regulations” means:
(A) Either:
(i) An institution of higher education or a student-athlete enrolled at the institution of higher education is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; or
(ii) An institution of higher education is placed on probationary status by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; and
(B) As a result of the action under subdivision (a)(2)(A) of this section, the institution of higher education:
(i) Loses the ability to grant an athletic scholarship;
(ii) Loses the ability to recruit a student-athlete;
(iii) Loses eligibility to participate in intercollegiate competition;
(iv) Loses eligibility to participate in post-season intercollegiate competition;
(v) Forfeits an athletic contest; or
(vi) Suffers an adverse financial impact, including without limitation lost revenue from media coverage of athletic events or lost revenue from ticket sales; and
(3) “Student-athlete” means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate sport.
(b) An institution of higher education may bring a civil action against the following:
(1) An athlete agent violating a provision of the Uniform Athlete Agents Act, § 17-16-101 et seq., if his or her actions result in damages caused by violations of athletic association or conference regulations; or
(2) A person who knowingly induces or otherwise knowingly causes a student-athlete to take actions that result in damages caused by violations of athletic association or conference regulations.
(c)
(1) An institution of higher education that prevails in a civil action under this section may recover compensatory damages, punitive damages, court costs, and reasonable attorney's fees.
(2) A court may award punitive damages even if the court does not award compensatory damages.
(d) A court may grant equitable relief to an institution of higher education to prevent harm that could result from the acts or omissions of a person under subdivisions (b)(1) and (2) of this section if the court finds a reasonable likelihood that a violation occurred.
