436.260. Educational institution cause of action, when, damages, accrual of right of action. - Missouri Statutes

Educational institution cause of action, when, damages, accrual ofright of action.

436.260. 1. An educational institution has a right of action againstan athlete agent or a former student athlete for damages caused by aviolation of sections 436.215 to 436.272. In an action under this section,the court may award to the prevailing party costs and reasonable attorney'sfees.

2. Damages of an educational institution under subsection 1 of thissection include losses and expenses incurred because as a result of theactivities of an athlete agent or former student athlete the educationalinstitution was injured by a violation of sections 436.215 to 436.272 orwas penalized, disqualified, or suspended from participation in athleticsby a national association for the promotion and regulation of athletics, byan athletic conference, or by reasonable self-imposed disciplinary actiontaken to mitigate sanctions.

3. A right of action under this section does not accrue until theeducational institution discovers or by the exercise of reasonablediligence would have discovered the violation by the athlete agent orformer student athlete.

4. Any liability of the athlete agent or the former student athleteunder this section is several and not joint.

5. Sections 436.215 to 436.272 do not restrict rights, remedies, ordefenses of any person under law or equity.

(L. 2004 S.B. 1122)