The institution shall be entitled to recover all damages which are directly related to or which flow from and are reasonably related to such improper activity and to such penalties, disqualifications, and suspensions. Damages shall include, but not be limited to, loss of scholarships, loss of television revenue, loss of bowl revenue, and legal and other fees associated with the investigation of the activity and the representation of the institution before the sanctioning organizations in connection with the investigation and resolution of such activity. If the institution is the prevailing party in its cause of action, it shall be entitled to an award of court costs, costs of litigation, and reasonable attorney’s fees. The institution may also request and the court may enter an injunction against any person found liable from having any further contact with the institution, its student-athletes, and student-athletes who have expressed or might express an interest in attending the institution and from attending athletic contests, exhibitions, games, or other such events in which one or more of the institution’s student-athletes is participating. The right of action and remedies under this Code section are in addition to all other rights of action which may be available to the institution.
History. Code 1981, § 20-2-318 , enacted by Ga. L. 2003, p. 707, § 1; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2015, p. 813, § 2/HB 3.
The 2015 amendment, effective May 6, 2015, in subsection (b), designated the previously existing sentence as the introductory language of subsection (b) and paragraph (b)(1); inserted the concluding colon at the end of the introductory language of subsection (b); in paragraph (b)(1), substituted “The institution” for “the institution” at the beginning, and inserted “; or” at the end; and added paragraph (b)(2).
Cross references.
Uniform Athlete Agents Act, § 43-4A-1 et seq.
Law reviews.
For note on the 2003 enactment of this Code section, see 20 Ga. St. U.L. Rev. 134 (2003).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 145 (2015).
Structure Georgia Code
Chapter 2 - Elementary and Secondary Education
Article 6 - Quality Basic Education
Part 14 - Other Educational Programs
§ 20-2-300. Implementation and Funding Authorized
§ 20-2-302. Funds for Operation of Schools for Deaf and Blind Persons
§ 20-2-304. Environmental Education, Recycling, and Composting Awareness
§ 20-2-305. County and Regional Libraries
§ 20-2-306. Honors Program; Residential High School Program
§ 20-2-307. Youth Camps; Food-Processing and Young Farmers Programs
§ 20-2-313. J. William Fulbright Educational Exchange Program
§ 20-2-316. Involvement of Athletic Association in High School Athletics
§ 20-2-316.1. Eligibility Conditions of High School Athletic Associations
§ 20-2-316.2. Financial Reporting by Athletic Associations
§ 20-2-316.3. Prohibition of Religious Expression of Student Athletes by Athletic Association
§ 20-2-318. Intercollegiate Athletics; Remedies for Improper Activities
§ 20-2-319.1. Georgia Virtual School
§ 20-2-319.3. Online Clearing-House of Interactive Distance Learning Courses
§ 20-2-319.5. Enrolling Home Study and Private School Students in College and Career Courses