§ 18B-22-5 — Causes of action

West Virginia § 18B-22-5

• Jurisdiction: West Virginia
• Ch. 18B: HIGHER EDUCATION
• Art. 22: NAME, IMAGE, OR LIKENESS IN INTERCOLLEGIATE ATHLETICS

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(a) Any student-athlete who is aggrieved by any action of an institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics in violation of any provision of this article may bring an action for injunctive relief.

(b) No institution, employee or authorized agent of an institution, or an entity controlled by an institution, shall be liable for any damages to a student-athlete's ability to earn compensation for the use of the student-athlete’s name, image, or likeness resulting from decisions and actions routinely taken in the course of intercollegiate athletics.

(c) Any institution, employee or authorized agent of an institution, or entity controlled by an institution that is subjected to any actual or threatened complaint, investigation, penalty, or other adverse action of an athletic association, athletic conference, or other organization with authority over intercollegiate athletics for engaging in activities permitted under this article may bring an action to recover actual damages and reasonable attorney fees and may seek injunctive relief and any other remedy available at law or in equity.