Limitation of liability of postsecondary educational institutions

Miss. Code Ann. § 37-97-109, under Mississippi Intercollegiate Athletics Compensation and Publicity Rights Act.

Miss. Code Ann. § 37-97-109

(1) No postsecondary educational institution or any officer, trustee, or employee of a postsecondary educational institution shall be subject to a claim for damages related to their adoption, implementation, or enforcement of any contract, rule, regulation, standard or other requirement in compliance with this chapter. This chapter is not intended to and shall not waive or diminish any applicable defenses and immunities, including, without limitation, sovereign immunity applicable to public postsecondary educational institutions.

(2) A national association, a conference or any other group or organization with authority over the sport, that promotes or regulates collegiate athletics at a postsecondary educational institution to which this chapter applies shall not:(a) Enforce a contract term, a rule, a regulation, a standard, a bylaw, guidance, or any other requirement that penalizes the institution, the institution’s intercollegiate athletics program, or student-athlete for performing, participating in, or allowing an activity required or authorized by this chapter;(b) Prevent a postsecondary educational institution from or penalize it for establishing agreements with a third-party entity to act on the institution’s behalf to identify, create, solicit, facilitate, negotiate, support, assist, and otherwise enable opportunities for a student-athlete to earn compensation from his or her publicity rights; or(c) Penalize a postsecondary educational institution because an individual or entity whose purpose includes supporting and benefiting the postsecondary institution or its intercollegiate athletic programs violates any contract term, a rule, a regulation, a standard, a bylaw, guidance, or any other requirement that is in conflict with actions required or authorized by this chapter.

(a) Enforce a contract term, a rule, a regulation, a standard, a bylaw, guidance, or any other requirement that penalizes the institution, the institution’s intercollegiate athletics program, or student-athlete for performing, participating in, or allowing an activity required or authorized by this chapter;

(b) Prevent a postsecondary educational institution from or penalize it for establishing agreements with a third-party entity to act on the institution’s behalf to identify, create, solicit, facilitate, negotiate, support, assist, and otherwise enable opportunities for a student-athlete to earn compensation from his or her publicity rights; or

(c) Penalize a postsecondary educational institution because an individual or entity whose purpose includes supporting and benefiting the postsecondary institution or its intercollegiate athletic programs violates any contract term, a rule, a regulation, a standard, a bylaw, guidance, or any other requirement that is in conflict with actions required or authorized by this chapter.

(3) A person or entity, including a post-secondary educational institution, regardless of residence, shall not give or promise to share revenue or to provide compensation for the use of publicity rights of a student-athlete that is currently enrolled in or has signed an athletics financial aid agreement or other written agreement to enroll in a postsecondary educational institution within the State of Mississippi with the purpose of recruiting or inducing the student-athlete to enroll at another postsecondary educational institution, unless the student-athlete has given notice of intent to transfer as provided in national association or conference rules. A person or entity who violates this section is liable to the postsecondary educational institution where the student-athlete is enrolled or has signed an athletics financial aid agreement in an amount equal to three (3) times the amount given or promised the student-athlete. Any lawsuit to enforce this provision may be initiated by the postsecondary educational institution in a state court in Mississippi where the initiating postsecondary institution is located. By giving or offering to share revenue or compensate a student-athlete enrolled in or who has signed an athletics financial aid agreement with a postsecondary institution in this state, the person or entity consents to the personal jurisdiction of the state court and, to the extent applicable, waives immunity from being sued in Mississippi.