§ 23-16-215 — Civil remedies - temporary restraining orders - injunctions

Colorado § 23-16-215

• Jurisdiction: Colorado
• Title 23: Postsecondary Education
• Art.: Limitation on Athlete Agents

Text

(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 part 2. In an action under
this section, the court may award to the prevailing party costs and reasonable
attorney 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 part 2 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 part 2 does not restrict rights, remedies, or defenses of any person
under law or equity.

(f) The attorney general or the district attorney of the judicial district in
which the educational institution is located, on receipt of a complaint or on his or
her initiative, may investigate any alleged violation of this part 2. Following an
investigation, if the attorney general or district attorney has reasonable cause to
believe that any individual has violated or is violating any provision of this part 2, the
attorney general or district attorney may bring an action to obtain a temporary
restraining order, preliminary injunction, or permanent injunction to restrain or
prevent the violation. If the attorney general or district attorney shows, by a
preponderance of the evidence, that an individual has violated or is violating any
provision of this part 2, the court may issue a temporary restraining order,
preliminary injunction, or permanent injunction to restrain or prevent the violation.
No action may be brought by the attorney general or the district attorney under this
section more than four years after the occurrence of the violation.

Legislative History

Source: L. 2008: Entire part added, p. 1013, � 1, effective July 1.