(a) (1) An institution of higher education or a student-athlete as defined in § 4-75-1302 has a cause of action for damages against an athlete agent or third-party licensee if the institution of higher education or student-athlete is adversely affected by an act or omission of the athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee in violation of this subchapter.(2) An institution of higher education or student-athlete is adversely affected by an act or omission of an athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee, only if, because of the act or omission, the institution of higher education or student-athlete:(A) Is suspended or disqualified from participating in an intercollegiate sport; or(B) Suffers financial damage.(3) A student-athlete has a cause of action under this section only if the student-athlete was enrolled in an institution of higher education at the time of the act or omission.
(1) An institution of higher education or a student-athlete as defined in § 4-75-1302 has a cause of action for damages against an athlete agent or third-party licensee if the institution of higher education or student-athlete is adversely affected by an act or omission of the athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee in violation of this subchapter.
(2) An institution of higher education or student-athlete is adversely affected by an act or omission of an athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee, only if, because of the act or omission, the institution of higher education or student-athlete:(A) Is suspended or disqualified from participating in an intercollegiate sport; or(B) Suffers financial damage.
(A) Is suspended or disqualified from participating in an intercollegiate sport; or
(B) Suffers financial damage.
(3) A student-athlete has a cause of action under this section only if the student-athlete was enrolled in an institution of higher education at the time of the act or omission.
(b) (1) A person or entity, regardless of residence, shall not give or promise compensation for the use of the name, image, or likeness of a student-athlete enrolled at an institution of higher education located in Arkansas or of a prospective student-athlete who has entered into an enrollment contract with an institution of higher education located in Arkansas with the purpose of recruiting or inducing the student-athlete to enroll at another institution of higher education.(2) An institution of higher education or its supporting foundations or authorized entities and third-party licensees shall have a cause of action against any party that violates this section.
(1) A person or entity, regardless of residence, shall not give or promise compensation for the use of the name, image, or likeness of a student-athlete enrolled at an institution of higher education located in Arkansas or of a prospective student-athlete who has entered into an enrollment contract with an institution of higher education located in Arkansas with the purpose of recruiting or inducing the student-athlete to enroll at another institution of higher education.
(2) An institution of higher education or its supporting foundations or authorized entities and third-party licensees shall have a cause of action against any party that violates this section.
(c) In an action under this section, a prevailing plaintiff may recover punitive damages, reasonable attorney's fees and costs, and any other reasonable litigation expenses.
(d) An institution of higher education located within this state or its employees, a supporting foundation or authorized entity, an athletic association, a conference, or other organization with authority over varsity intercollegiate athletics, shall not be subject to liability to a person or an entity as a result of:(1) An intercollegiate student-athlete's ability or inability to earn compensation for the use of the student-athlete's name, image, or likeness resulting from decisions and actions routinely taken within the course of his or her employment related to intercollegiate athletics;(2) The adoption of, agreement to, enforcement of, or compliance with any rule or bylaw of an association or conference that does not violate this subchapter limiting or prohibiting a student-athlete from receiving compensation from an association, conference, institution, or other person or entity;(3) Restricting or curtailing the eligibility for an intercollegiate athletics competition of a student-athlete who violates this subchapter or a rule of the institution of higher education, association, or conference implementing the requirements of this subchapter; or(4) Complying with an agreement, understanding, rule, or bylaw adopted by an institution of higher education, conference, or association or a combination of conferences or institutions of higher education that is otherwise reasonably contemplated under this subchapter.
(1) An intercollegiate student-athlete's ability or inability to earn compensation for the use of the student-athlete's name, image, or likeness resulting from decisions and actions routinely taken within the course of his or her employment related to intercollegiate athletics;
(2) The adoption of, agreement to, enforcement of, or compliance with any rule or bylaw of an association or conference that does not violate this subchapter limiting or prohibiting a student-athlete from receiving compensation from an association, conference, institution, or other person or entity;
(3) Restricting or curtailing the eligibility for an intercollegiate athletics competition of a student-athlete who violates this subchapter or a rule of the institution of higher education, association, or conference implementing the requirements of this subchapter; or
(4) Complying with an agreement, understanding, rule, or bylaw adopted by an institution of higher education, conference, or association or a combination of conferences or institutions of higher education that is otherwise reasonably contemplated under this subchapter.
(e) This subchapter does not waive any immunity or statutory protection available to or constitutional autonomy of an institution of higher education located within the state or an officer, agent, or employee of the institution of higher education.