As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 404

Representative Goyal 

Cosponsors: Representatives Murray, Antonio, Ruhl, Ramos 

---

A BILL

To amend section 4771.20 of the Revised Code to

1

expand the right of an institution of higher

2

education to bring a civil action for damages

3

caused by violations of athletic association or

4

conference regulations.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 4771.20 of the Revised Code be	6
amended to read as follows:	7

Sec. 4771.20.  (A) An institution of higher education may	8
bring a civil action against an athlete agent who violates this	9
chapter for compensatory damages, punitive or exemplary damages,	10
and equitable relief as the court finds appropriate. Aas follows:	11

(1) Against an athlete agent who violates this chapter;

12

(2) Against any person who intentionally induces or otherwise	13
purposely causes an athlete to violate the regulations of an	14
intercollegiate athletic association or conference;	15

(3) Against a staff person or former staff person of the	16
institution who intentionally violates the regulations of an	17
intercollegiate athletic association or conference.	18

A court may grant equitable relief to a plaintiff under this	19
section to prevent harm that could result from the acts or	20
omissions of an athlete or, athlete agent, or other person if the	21
court finds a reasonable likelihood that a violation occurred.	22

(B) For purposes of this section, an institution of higher	23
education suffers harm when, as the result of any of the acts of	24
described in divisions (A)(1) to (3) of this section by an athlete	25
agent or an, athlete, bothor other person, either of the	26
following occuroccurs:	27

(1) The institution or an athlete enrolled at the institution	28
is penalized or, is declared ineligible to compete in	29
intercollegiate athletics, or is placed on probationary status by	30
a national association that promotes or regulates intercollegiate	31
athletics or by an intercollegiate athletic association or	32
conference.	33

(2) As a result of the penalty or declaration of	34
ineligibility, theThe institution of higher education experiences	35
any of the following:	36

(a) A loss of the ability to grant an athletic scholarship;

37

(b) A loss of the ability to recruit an athlete;

38

(c) A loss of eligibility to participate in intercollegiate	39
competition;	40

(d) A loss of eligibility to participate in post-season	41
athletic competition;	42

(e) A forfeiture of any athletic contest;

43

(f) An adverse financial impact including, but not limited	44
to, lost revenue from media coverage of athletic competition or	45
lost ticket sales.	46

(C) An institution of higher education that prevails in an	47
action brought under this section may recover compensatory and	48
punitive or exemplary damages. A court may award punitive or	49
exemplary damages even if it does not award compensatory damages.	50
A court also may award court costs and reasonable attorney's fees	51
to a prevailing plaintiff.	52

(D) In a civil action brought under this section, a court	53
shall not award punitive or exemplary damages against a surety.	54

Section 2.  That existing section 4771.20 of the Revised Code	55
is hereby repealed.	56