2015 South Carolina Code of Laws
Title 59 - Education
CHAPTER 102 - ATHLETE AGENTS AND STUDENT ATHLETES
Section 59-102-160. Actions for damages; attorney's fees; accrual.

SC Code § 59-102-160 (2015) What's This?

(A) 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 pursuant to this section, the court may award costs and reasonable attorney's fees to the prevailing party.

(B) Damages to an educational institution pursuant to subsection (A) include, without limitation, losses and expenses incurred because 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 such an organization.

(C) A right of action pursuant to 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.

(D) Liability of the athlete agent or the former student athlete pursuant to this section is several and not joint.

(E) This chapter does not restrict rights, remedies, or defenses of a person under law or equity.

HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004.

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