Oklahoma § 70-822.3 - Right of action for postsecondary institutions

§ 70-822.3. Right of action for postsecondary institutions

A. Each public and private institution of postsecondary

education located in this state that participates or engages in

intercollegiate athletics shall have a right of action against any

person who engages in any activity concerning student-athletes that

results in:

1. The institution being penalized, disqualified, or suspended

from participation in intercollegiate athletics by a national

Oklahoma Statutes - Title 70. Schools

association for the promotion and regulation of intercollegiate

athletics, by an athletic conference or other sanctioning body, or

by reasonable self-imposed disciplinary action taken by the

institution to mitigate sanctions likely to be imposed by the

organizations as a result of the activity; or

2. The student-athlete permanently or temporarily losing

athletic scholarship eligibility, the ability to participate on an

intercollegiate athletic team, or the ability to participate in one

or more intercollegiate sporting competitions as sanctioned by a

national association for the promotion and regulation of

intercollegiate athletics, by an athletic conference or other

sanctioning body or by the institution itself as a reasonable selfimposed disciplinary action taken by the institution to mitigate

sanctions likely to be imposed by the organizations as a result of

engaging in the activity or as a violation of the rules of the

institution.

B. An institution shall be entitled to recover all damages

which are directly related to or which flow from and are reasonably

related to the improper activity as described in this section and to

any penalties, disqualifications and suspensions. Damages shall

include, but are not limited to, loss of scholarships, loss of

television revenue, loss of bowl revenue and legal and other fees

associated with the investigation of the activity and the

representation of the institution before the sanctioning

organizations in connection with the investigation and resolution of

the activity. If the institution is the prevailing party in its

cause of action, it shall be entitled to an award of court costs,

costs of litigation and reasonable attorney fees. The institution

may request and the court may enter an injunction prohibiting any

person found liable from having any further contact with the

institution, its student-athletes and student-athletes who have

expressed or might express an interest in attending the institution.

The institution may also request and the court may enter an

injunction prohibiting any person found liable from attending

athletic contests, exhibitions, games or other events in which one

or more student-athletes are participating.

C. The right of action and remedies under this section are in

addition to all other rights of action which may be available to the

institution.

Added by Laws 2016, c. 13, § 3, eff. Nov. 1, 2016.