From the bill: “ If a student is deprived of an athletic opportunity or if a student suffers direct or indirect harm, as a result of this Act being violated,”
No where in that act does it say unqualified athletes have a right to perform. For an athlete to fall within this provision, the school would have to ignore the requirement to obtain verification from athletes as to their sex at birth. Any school would accept an athlete regardless of size if they could perform.
13-67-4. Cause of Action. If a student is deprived of an athletic opportunity or if a student suffers direct or indirect harm, as a result of this Act being violated, that student has a private cause of action for injunctive relief, damages, and any other relief available under law, against the violating entity.
If a student is subjected to retaliation or other adverse action, as a result of reporting a violation of this Act to an employee or representative of a school, school district, institution of higher education, athletic association or organization, or to a state or federal governmental entity having oversight authority, that student has a private cause of action for injunctive relief, damages, and any other relief available under law, against the school, school district, institution of higher education, or athletic association or organization.
If a school, school district, or institution of higher education suffers any direct or indirect harm, as a result of this Act being violated, that school, school district, or institution of higher education has a private cause of action for injunctive relief, damages, and any other relief available under law, against the governmental entity, licensing or accrediting organization, or athletic association or organization. A civil action under this section must be initiated within two years from the date the harm occurred.
(§ 2-16-13.1) Underscores indicate new language.
Any person prevailing on a claim brought under this section is entitled to monetary damages, including for psychological, emotional, and physical harm suffered, reasonable attorney's fees and costs, and any other appropriate relief.