Colorado § 23-16-215 - Civil remedies - temporary restraining orders - injunctions.

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

(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.

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