(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this article. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.
(b) Damages of an educational institution under subsection (a) of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this article 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.
(c) 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.
(d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(e) This article does not restrict rights, remedies, or defenses of any person under law or equity.
Structure West Virginia Code
Chapter 30. Professions and Occupations
Article 39. Uniform Athlete Agents Act
§30-39-3. Service of Process; Subpoenas
§30-39-4. Athlete Agents: Registration Required; Void Contracts
§30-39-5. Registration as Athlete Agent; Form; Requirements
§30-39-6. Certificate of Registration; Issuance or Denial; Renewal
§30-39-7. Suspension, Revocation, or Refusal to Renew Registration
§30-39-8. Temporary Registration
§30-39-9. Registration and Renewal Fees
§30-39-10. Required Form of Contract
§30-39-11. Notice to Educational Institution
§30-39-12. Student-Athlete's Right to Cancel
§30-39-17. Administrative Penalty
§30-39-18. Uniformity of Application and Construction
§30-39-19. Electronic Signatures in Global and National Commerce Act