§ 131.003.Cause of Action by Regional Collegiate Athletic Association

The conference’s cause of action, with two cumulative elements.

A person who violates an adopted rule is liable for damages in an action brought by a regional collegiate athletic association if: the person knew or reasonably should have known that a rule was violated; and the violation is a contributing factor to disciplinary action taken by the national association against the regional association, a member institution, or a student at a member institution.

"Knew or reasonably should have known" is a constructive knowledge standard, not actual knowledge — so a booster who did not trouble to learn the rules is within it.

"A contributing factor" is a notably low causal bar. Not the cause, not a substantial factor — a contributing factor. Where discipline follows a pattern of violations by several people, each contributor is exposed.

The discipline must come from the national association, so a conference penalising its own member supplies no claim.

The three possible targets of discipline are worth noticing. Sanctions against a student — a declaration of ineligibility — support the conference’s claim as readily as sanctions against the conference itself.

Who this reaches in practice is boosters, agents, and runners — people outside the institution whose inducements cause the program to be penalised, and against whom the school and conference previously had no clear remedy.

The defences provision then removes the insiders: employees of the associations and institutions, and students, are all protected.