§ 116-402 — Cause of action; remedies

North Carolina § 116-402

• Jurisdiction: North Carolina
• Ch. 116: Higher Education
• Art. 38: Biological Sex-Specific Athletic Teams

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(a) A student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of this Article may assert that violation as a cause of action for remedies provided for in subsection (d) of this section.
(b) A student who is subjected to retaliation or other adverse action by an institution of higher education, athletic association, or other organization as a result of reporting a violation of this Article to an employee or representative of the institution of higher education, athletic association, or to any local, State, or federal agency with oversight of the institution shall have a cause of action for remedies provided for in subsection (d) of this section.
(c) Any institution of higher education or its representatives or employees who suffer any direct or indirect harm for complying with the requirements of this Article shall have a cause of action for remedies provided for in subsection (d) of this section.
(d) Any person who brings a cause of action pursuant to this Article may obtain appropriate relief, including the following:
(1) Injunctive relief, protective order, writ of mandamus or prohibition, or declaratory relief to prevent any violation of this Article.
(2) Actual damages, including for psychological, emotional, or physical harm, reasonable attorney fees, and costs.
(e) All civil actions under this Article must be initiated within two years from the date that the harm occurred. (2023-109, s. 2(b).)