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16-118-110. Civil action for damages caused by violations of athletic association or conference regulations — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-118-110. Civil action for damages caused by violations of athletic association or conference regulations — Definitions.
(a) As used in this section:
(1) “Athlete agent” means the same as defined in § 17-16-102;
(2) “Damages caused by violations of athletic association or conference regulations” means:
(A) Either:
(i) An institution of higher education or a student-athlete enrolled at the institution of higher education is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; or
(ii) An institution of higher education is placed on probationary status by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; and
(B) As a result of the action under subdivision (a)(2)(A) of this section, the institution of higher education:
(i) Loses the ability to grant an athletic scholarship;
(ii) Loses the ability to recruit a student-athlete;
(iii) Loses eligibility to participate in intercollegiate competition;
(iv) Loses eligibility to participate in post-season intercollegiate competition;
(v) Forfeits an athletic contest; or
(vi) Suffers an adverse financial impact, including without limitation lost revenue from media coverage of athletic events or lost revenue from ticket sales; and
(3) “Student-athlete” means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate sport.
(b) An institution of higher education may bring a civil action against the following:
(1) An athlete agent violating a provision of the Uniform Athlete Agents Act, § 17-16-101 et seq., if h
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-118-110
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-118-110
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e2018c64650540d5cd99622088da822f3c6a0c3d8fa340f58b519fbf522377c0
Source location: content.xml paragraph 48561
Stored source content
16-118-110. Civil action for damages caused by violations of athletic association or conference regulations — Definitions.
(a) As used in this section:
(1) “Athlete agent” means the same as defined in § 17-16-102;
(2) “Damages caused by violations of athletic association or conference regulations” means:
(A) Either:
(i) An institution of higher education or a student-athlete enrolled at the institution of higher education is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; or
(ii) An institution of higher education is placed on probationary status by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; and
(B) As a result of the action under subdivision (a)(2)(A) of this section, the institution of higher education:
(i) Loses the ability to grant an athletic scholarship;
(ii) Loses the ability to recruit a student-athlete;
(iii) Loses eligibility to participate in intercollegiate competition;
(iv) Loses eligibility to participate in post-season intercollegiate competition;
(v) Forfeits an athletic contest; or
(vi) Suffers an adverse financial impact, including without limitation lost revenue from media coverage of athletic events or lost revenue from ticket sales; and
(3) “Student-athlete” means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate sport.
(b) An institution of higher education may bring a civil action against the following:
(1) An athlete agent violating a provision of the Uniform Athlete Agents Act, § 17-16-101 et seq., if his or her actions result in damages caused by violations of athletic association or conference regulations; or
(2) A person who knowingly induces or otherwise knowingly causes a student-athlete to take actions that result in damages caused by violations of athletic association or conference regulations.
(c)(1) An institution of higher education that prevails in a civil action under this section may recover compensatory damages, punitive damages, court costs, and reasonable attorney's fees.
(2) A court may award punitive damages even if the court does not award compensatory damages.
(d) A court may grant equitable relief to an institution of higher education to prevent harm that could result from the acts or omissions of a person under subdivisions (b)(1) and (2) of this section if the court finds a reasonable likelihood that a violation occurred.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-16-101. Short title.
This subchapter may be cited as the Uniform Athlete Agents Act.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-16-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-16-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-16-102. Definitions.
In this subchapter:
(1) “Agency contract” means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract.
(2)(A) “Athlete agent” means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract.
(B) “Athlete agent” includes without limitation an individual who:
(i) Is authorized by a student-athlete to enter into an agreement;
(ii) Works for or on behalf of an athlete agent; or
(iii) Represents to the public that he or she is an athlete agent.
(C) “Athlete agent” does not include a spouse, parent, sibling, grandparent, or guardian of the student-athlete or an individual acting solely on behalf of a professional sports team, professional sports organization, or educational institution, unless that individual offers, solicits for himself or herself, solicits on the student-athlete's behalf, or solicits on behalf of the student-athlete's family or friends any form of a financial benefit or gift not allowed by the regulations or bylaws of the National Collegiate Athletic Association as they existed on January 1, 2011.
(3) “Athletic director” means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
(4) “Contact” means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to e
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-16-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-16-102. This identifies an authority to review, not proof of applicability.