Georgia § 43-4A-18 - Damages to educational institution; recovery.

§ 43-4A-18. Damages to educational institution; recovery.

An educational institution has a right of action against an athlete agent or former student athlete for damages caused by a violation of this chapter. In an action under this Code section, the court may award to the prevailing party costs and reasonable attorney's fees. Damages to an educational institution under subsection (a) of this Code 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 chapter 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. A right of action under this Code section shall 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. Any liability of the athlete agent or the former student athlete under this Code section shall be several and not joint. This chapter shall not restrict rights, remedies, or defenses of any person under law or equity. (Code 1981, § 43-4A-20 , enacted by Ga. L. 2000, p. 1396, § 5; Ga. L. 2003, p. 774, § 22; Code 1981, § 43-4A-18 , as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.) Editor's notes. - Ga. L. 1992, p. 3137, § 4, effective July 1, 1992, repealed former Code Section 43-4A-18, which was based on Ga. L. 1988, p. 651, § 1, relating to termination. Ga. L. 2000, p. 1396, § 6, not codified by the General Assembly, provides that this Code section is applicable to acts occurring on or after July 1, 2000. Ga. L. 2010, p. 376, § 2, effective July 1, 2010, redesignated former Code Section 43-4A-18 as present Code Section 43-4A-19.