398.492 - Liability of person other than athlete’s agent or student athlete to institution for damages caused by violation; award of attorney’s fees and costs. - Nevada Statutes

398.492  Liability of person other than athlete’s agent or student athlete to institution for damages caused by violation; award of attorney’s fees and costs.

      1.  A person, other than an athlete’s agent or student athlete, who causes a student athlete or an institution to violate a rule of the national collegiate athletic association to which the institution is a member, or aids in any such violation, is liable to the institution for damages as provided in subsection 2 if:

      (a) The person knew or reasonably should have known that a rule was violated or would be violated; or

      (b) The violation of the rule is a contributing cause of:

             (1) Disciplinary action, including loss of eligibility, taken by the institution against a student athlete; or

             (2) Disciplinary action taken by the national collegiate athletic association against the institution or a student athlete.

      2.  Damages that may be awarded against a person who causes a violation of a rule of a national collegiate athletic association, or aids in any such violation, include:

      (a) Costs incurred by the institution relating to any investigation or hearing conducted by the national collegiate athletic association concerning the violation; and

      (b) Lost revenues to the institution from:

             (1) Lost contracts for televising athletic events;

             (2) A decline in ticket sales;

             (3) Being prohibited from participating in postseason athletic events and tournaments; and

             (4) Other discernible opportunities through which the institution would have realized revenue if the rule had not been violated.

      3.  If an institution prevails in an action brought pursuant to this section, it is entitled to an award of reasonable attorney’s fees and costs.

      (Added to NRS by 2001, 1302)