Any person or student organization aggrieved by a violation of this article may bring an action against the state institution of higher education and its employees acting in their official capacities, alleged to be responsible for the alleged violation. The aggrieved person or student organization may seek injunctive relief and actual damages, as well as reasonable attorney’s fees, and court costs if the person or student organization substantially prevails.

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Terms Used In West Virginia Code 18B-20-8

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • State institution of higher education: means any university, college, or community and technical college under the jurisdiction of a governing board as defined in §. See West Virginia Code 18B-20-1
  • Student: means any person who is enrolled on a full-time or part-time basis in a state institution of higher education. See West Virginia Code 18B-20-1
  • Student organization: means an officially recognized group at a state institution of higher education, or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section. See West Virginia Code 18B-20-1