KRS 164.6929: Right of action of educational institution or student -athlete for damages

caused by violation of KRS 164.6901 to 164.6935.

(1) An educational institution or student -athlete may bring an action for damages

against an athlete agent if the instit ution or student -athlete is adversely affected by

an act or omission of the athlete agent in violation of KRS 164.6901 to 164.6935.

An education institution or student -athlete is adversely affected by an act or

omission of the athlete agent only if, becaus e of the act or omission, the institution

or an individual who was a student -athlete at the time of the act or omission and

enrolled in the institution:

(a) Is suspended or disqualified from participation in an interscholastic or

intercollegiate sports eve nt by or under the rules of a state or national

federation or association that promotes or regulates interscholastic or

intercollegiate sports; or

(b) Suffers financial damage.

(2) Damages under subsection (1) of this section include losses and expenses in curred

because, as a result of the conduct of an athlete agent or former student -athlete, the

educational institution was injured by a violation of KRS 164.6901 to 164.6935 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.

(3) A plaintiff that prevails in an ac tion under this section may recover actual damages,

costs, and reasonable attorney's fees. 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 any consideration paid to the agent by or on behalf

of the student-athlete.

(4) A right of action under 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.

(5) Any liability of the athlete agent or the former student -athlete under this section is

several and not joint.

(6) The department may assess a civil penalty against an athlete agent not to exceed

fifty thousand dollars ($50,000) for a violation of KRS 164.6901 to 164.6935.

(7) KRS 164.6901 to 164.6935 does not restrict rights, remedies, or defenses of any

person under law or equity.