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H. B. No. 404 As IntroducedAs Introduced
|129th General Assembly|
Representatives Murray, Antonio, Ruhl, Ramos
To amend section 4771.20 of the Revised Code to
expand the right of an institution of higher
education to bring a civil action for damages
caused by violations of athletic association or
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4771.20 of the Revised Code be
amended to read as follows:
Sec. 4771.20. (A) An institution of higher education may
bring a civil action
against an athlete agent who violates this
chapter for compensatory damages, punitive or exemplary damages,
and equitable relief as the court finds appropriate . A as follows:
(1) Against an athlete agent who violates this chapter;
(2) Against any person who intentionally induces or otherwise
purposely causes an athlete to violate the regulations of an
intercollegiate athletic association or conference;
(3) Against a staff person or former staff person of the
institution who intentionally violates the regulations of an
intercollegiate athletic association or conference.
A court may grant equitable relief to a plaintiff under this
section to prevent harm that could result from the acts or
omissions of an athlete
or, athlete agent, or other person if the
court finds a reasonable likelihood that a violation occurred.
(B) For purposes of this section, an institution of higher
education suffers harm when, as the result of any of the acts
described in divisions (A)(1) to (3) of this section by an athlete
agent or an, athlete,
both or other person, either of the
following occur occurs:
(1) The institution or
an athlete enrolled at the institution
or, is declared ineligible to compete in
intercollegiate athletics, or is placed on probationary status by
a national association that promotes or regulates intercollegiate
athletics or by an intercollegiate athletic association or
As a result of the penalty or declaration of
ineligibility, the The institution of higher education experiences
any of the following:
(a) A loss of the ability to grant an athletic scholarship;
(b) A loss of the ability to recruit an athlete;
(c) A loss of eligibility to participate in intercollegiate
(d) A loss of eligibility to participate in post-season
(e) A forfeiture of any athletic contest;
(f) An adverse financial impact including, but not limited
to, lost revenue from media coverage of athletic competition or
lost ticket sales.
(C) An institution of higher education that prevails in an
action brought under this section may recover compensatory and
punitive or exemplary damages. A court may award punitive or
exemplary damages even if it does not award compensatory damages.
A court also may award court costs and reasonable attorney's fees
to a prevailing plaintiff.
(D) In a civil action brought under this section, a court
shall not award punitive or exemplary damages against a surety.
Section 2. That existing section 4771.20 of the Revised Code
is hereby repealed.