Section 8Sec./Art. 8

Prosecution of Action.

(a) Who May File. For purposes of this Act, a written complaint may be filed by a student-athlete, his/her parents or guardians, member schools or their alumni, or any person or any entity in behalf of a student-athlete who, or a school which, may be affected by any violation of this Act.

(b) Who are Liable. School officials, athletic directors, coaches, members of the coaching staff, administrators, alumni, or representatives shall be liable for any violation of this Act. Athletic associations or schools shall likewise be liable for knowingly permitting or failing to prevent such violations, without prejudice to any direct liability by the aforementioned individuals.

(c) Investigation. Athletic associations may, motu propria or upon written complaint, investigate violations of this Act and impose the appropriate penalties, such as suspending or banning the student-athlete from playing and/or the school from participating in their respective leagues: Provided, That if the respondent is the athletic association, or if there is reason to believe that the athletic association will not act upon the complaint, a written complaint may be filed directly with the DepED or the CHED.

(d) Appeal. Within fifteen (15) days upon receipt of the decision of the athletic association, an appeal may be filed with the DepED or the CHED.1wphi1

(e) Inaction or inhibition. Within thirty (30) days from filing of the complaint, there being no action from the athletic association, the student-athlete or his/her representative may directly file a written complaint with the DepED or the CHED.

(f) Sanctions and penalties. Upon notice and hearing, the DepED or the CHED may impose the appropriate penalties under relevant laws, rules or regulations, including:

(1) On erring schools:

Any violation of the provisions of this Act shall be punishable by suspension from participating in the athletic organization/s and/or a fine ranging from one hundred thousand pesos (P100,000.00) to one million pesos (P1,000,000.00) depending on the gravity of the offense; and

(2) On erring athletic associations:

Any violation of the provisions of this Act shall be punishable by a fine ranging from one hundred thousand pesos (P100,000.00) to one million pesos (P1,000,000.00) depending on the gravity of the offense.

The availment of remedies under this Act will not preclude the complainant from seeking further recourse from the courts of law.

(g) Nothing in this section shall prevent any of the persons mentioned herein from filing for a temporary restraining order or any other injunctive relief in court if there is no other plain, speedy, and adequate remedy in the ordinary course of law.