North Dakota Code 15.1-39-04 – Cause of action
1. A student who is deprived of an athletic opportunity or who suffers direct or indirect harm as a result of a school knowingly violating this chapter has a private cause of action for injunctive relief, damages, and any other relief available under law against the school.
Terms Used In North Dakota Code 15.1-39-04
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. A student subject to retaliation or other adverse action by a school or athletic association or organization as a result of reporting a violation of this chapter to an employee or representative of the school or athletic association or organization, or to a state or federal agency with oversight of schools in the state has a private cause of action for injunctive relief, damages, and any other relief available under law against the school or athletic association or organization.
3. A school that suffers direct or indirect harm as a result of a violation of this chapter has a private cause of action for injunctive relief, damages, and any other relief available under law against the government entity, licensing or accrediting organization, or athletic association or organization.
4. A civil action must be initiated within two years after the harm occurred. A person that prevails on a claim brought pursuant to this section is entitled to monetary damages, including for any psychological, emotional, and physical harm suffered, reasonable attorney’s fees and costs, and any other appropriate relief.