§ 78C-100. Civil remedies. - North Carolina Statutes

§ 78C‑100.  Civilremedies.

(a)        An educationalinstitution has a right of action against an athlete agent or a former student‑athletefor damages caused by a violation of this Article. In an action under thissection, the court may award costs and reasonable attorneys' fees to theprevailing party.

(b)        Damages suffered byan educational institution under subsection (a) of this section include lossesand expenses incurred because, as a result of the conduct of an athlete agentor former student‑athlete, the educational institution was injured by aviolation of this Article or was penalized, disqualified, or suspended fromparticipation in athletics by: (i) a national association for the promotion andregulation of athletics; (ii) an athletic conference; or (iii) reasonable self‑imposeddisciplinary action taken to mitigate sanctions likely to be imposed by anathletic organization.

(c)        A right of actionunder this section does not accrue until the educational institution discovers,or by the exercise of reasonable diligence would have discovered, the violationby the athlete agent or former student‑athlete.

(d)        Any liability ofthe athlete agent or the former student‑athlete under this section isseveral and not joint.

(e)        This Article doesnot restrict rights, remedies, or defenses of any person under law or equity. (2003‑375, s. 2.)