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PROCEDURES

Instructional and Classroom Procedures

A. Classroom Activity

(1) Faculty Responsibility

The primary responsibility of the faculty is, of course, meeting classes and teaching the appropriate subject matter in an interesting, informative manner.  The application of the academic standards of the Law School established by the faculty and approved by the administration is equally important and should be reflected in the quality of teaching, quantity of work required for the students, and also in the distribution of grades.  These standards must be, as in any educational institution, related to the applicable admission standards if the Law School expects to meet its obligation to the students admitted.  It is, therefore, the responsibility of the faculty to work with the existing student body to afford a reasonable opportunity, applicable within the framework of the standards of the Law School, for the students to reach their intended goal of graduation.

(2) Class Sessions

Each one semester hour course will meet for one 55 minute session per week.  A two-hour course will meet for 110 minutes per week; a three-hour course will meet for 160 minutes per week; a four-hour course will meet for 220 minutes per week.  Each course will meet its prescribed number of minutes in each of the fifteen weeks in the semester.

Day division classes will usually be scheduled between 8:30 a.m. and 5:50 p.m.


Professors who prefer to teach from 6:00 to 9:00 p.m. may take a fifteen minute break. Those teaching a two-hour course may prefer to eliminate the break and teach from 6:00-7:50 p.m. Classes may be scheduled on Saturdays or at other hours.

(3) Make-up Classes

The school observes only Labor Day, Thanksgiving and the Friday and Saturday after Thanksgiving as holidays in the class schedule. Independence Day is recognized during the summer term.  It also recognizes that faculty and students observe religious and other significant days that may fall on days when classes are scheduled. As is the practice, faculty may cancel classes and students may be excused from class to observe such a day.  Faculty should make up a canceled class at a reasonably convenient time.  Students who cannot attend the make-up class should be excused.  Reasonable steps should be taken to accommodate colleagues and students.


(4) Independent Study and "Seminar" Papers

Law 041 (1 cr.), Law 042 (2 cr.),
Law 289/LL.M. IP 431 (1-2 credits)
LL.M. EB 394 (1-3 cr.)
LL.M. IBT 791, 792, 793 (1,2,3 cr.)
LL.M. IT 897 (1-2 cr.)
LL.M. RE 697, 698, 699 (1-4 cr.)
LL.M. Tx 398 (1-3 cr.)
LL.M. FL 599 (3 cr.)

Generally,  the minimum length of paper should be as follows:
            For one credit hour:        25 pages double spaced
            For two credit hours:      40 pages double spaced
            For three credit hours:    50 pages double spaced
            For four credit hours:      60 pages double spaced

These totals are without the footnotes.  For measuring purposes, use courier 12-point type with one inch margins.  If another typeface is used, make appropriate adjustments in calculation.

Subject matter is to be determined by the advisor and the student, within an appropriate academic scope of legal education and, if relevant, the focus of the applicable graduate degree program.

Ordinarily, there should be an initial draft, which the advisor reviews; a revision, which the advisor also reviews; and a third draft or later draft, which the advisor accepts as the final paper. Additional intermediate drafts are not precluded.

Here is an example of a workable schedule:

1.  Mid-September or Mid-February:  The student should prepare a rough outline of the paper.   The student and the advisor should meet to discuss the availability of sources, research strategies, and to suggest other possible avenues of research.

2.  Mid-October or Mid- March:  The student should prepare a draft of the paper.   The student and the advisor should meet again to discuss writing and citation styles and address any questions/problems that the student may encounter in putting the research into writing.

3.  Mid-November or Mid-April: The student and the advisor should meet and the student should be prepared to present and discuss the paper with the advisor in an advanced draft form.  At the discretion of the advisor, other faculty members, scholars, reference librarians, writing advisors, or outside commentators may be present to assist the student in developing final changes to the paper.

Both the faculty member supervising the Independent Study project and the Associate Dean for Academic Affairs (if registration was within the J.D. division) or the Associate Dean for Advanced Studies and Research (if registration was within the LL.M./M.S. division) must approve the project.  Copies of the form indicating approval of the project will be retained by the Associate Dean and the Registrar’s Office.  The final due date must be no later than the end of finals period for the semester in which the Independent Study Project is undertaken.  The final paper must be turned in to both the faculty member and the appropriate Associate Dean by the approved due date in order for credit to be given for the project.

(5) Use of Videotapes

Videotapes may not be used as a substitute for class instruction but may be used to supplement classroom teaching to provide a means for students to make up sessions they have missed, and/or as a review for students.

B. Final Examinations

(1) Faculty Responsibility

A written examination at the conclusion of each course will ordinarily be the principal determinant of a student's grade. However, interim examinations, briefs of cases and other assignments particularized to the class, may be taken into account.

Class preparation and participation are essential components of the educational process. Individual professors may develop class rules and grading procedures which take into account a student's fulfillment of those responsibilities. Professors should distribute any special rules governing classroom participation and grading at the beginning of each semester.

Faculty members are responsible for preparation and grading of final examinations.

Final examinations are normally three hours in length. A professor shall obtain prior approval from the Dean or his representative in cases where he/she desires not to give a written final examination. Faculty members are expected to be available for proctoring of final examinations.

(2) Preparation of Examinations

The faculty secretaries type all final examinations unless the faculty member types his/her own examination. A form will be sent out to all faculty members about their respective examinations, the date they are due, and the date the grades are due. This schedule must be followed. Failure to give the faculty secretaries sufficient time to type the examination places a burden on both the secretaries and the Records Office. Faculty members must transpose their grades from the booklets to the grade sheets provided by the Registrar.  The Records Office staff will not transpose  grades from the books to the exam authorization sheet. Faculty members who give take-home exams must notify their students in writing exactly where, when, and during what hours the exams are to be picked up and where they are to be delivered when they are completed. The Records Office should be given the same copy of instructions as is given to the students.

(3) Examination Scheduling

Final examinations must be given on the date and at the time scheduled by the Registrar unless other arrangements have been made in advance by the professor.

(4) Make-up Examinations

A student who for good cause, shown in writing, does not take an examination when scheduled or by the end of the semester examination makeup day shall receive a grade of "Incomplete."  The grade of "Incomplete" shall automatically convert to an "F" at the end of classes for the following semester unless the student shall, before such date, either have taken the examination or arranged for a date certain to take the examination. This rule will also apply to courses in which a trial or negotiation is the primary basis for the grade.

A student who does not complete a paper in a paper course by the end of classes for that semester shall receive a grade of  "Incomplete." If the paper is not completed by the end of classes for the following semester, the grade of "Incomplete" shall automatically convert to an "F." Each professor shall have the responsibility for notifying the Registrar that the work has been completed.

Each faculty member should have a make-up examination on file. These examinations should not be accessible to the students other than when the examination is given. It is recommended that these examinations be revised once a year.

An exam schedule for each semester is published when students register. The last day of the schedule is reserved for special exams.

If a student is ill and unable to take a scheduled exam, the Records Office will relay the problem to the professor. If the professor decides to give a special exam, the Records Office proceeds to advise the student and schedules the special. If the professor refuses, the Records Office advises the student, who then must take the exam when the course is next offered.

The matter of whether to give a special rests in the hands of the instructor. The Associate Dean will not intervene absent extraordinary circumstances.

(5) Law School Policy Requiring Faculty to Engage in Reasonable Post-Examination Review with Students

In accordance with an ABA recommendation, the Law School has a policy requiring faculty members to engage in reasonable post-examination review with students, preferably individual review upon request. Absent good cause, students should also have a right to reasonably review their examination papers. This does not mean that faculty members are obligated to review examinations individually with all students in every course. A reasonable policy may take into account the workload of individual teachers, the number of examinations in the course, the academic needs of the particular students requesting review, and the availability of review in courses throughout the school. Faculty members may choose to carry out such a policy using alternative means, including engaging in individual review of examinations upon a student's request, by holding a general review concerning the examination open to all students, or by providing an outline or exemplar of good examination answers.

C)  Disability Policy

There are a number of students with disabilities in the law school. The law school works with these students to accommodate their individual needs. A student who asks for reasonable accommodations due to a specific disability must provide acceptable evidence of the disability. The law school may require the student to take designated tests at his or her expense from a qualified medical or educational professional chosen by the school. Please see the office of the Associate Dean for Academic Services for information.

D) The Grading Curve

Pursuant to Assembly action at meeting of April 21, April 28, May 6, 2003 and December 10, 2004 and April 10, 2006

Curve I

In Civil Procedure I, Constitutional Law I, Contracts I & II, Criminal Law, Property, and Torts, provided the enrollment is 20 or more students, faculty shall conform their grades to the following standards:

Required Grades

Grades of A+, A, and A- shall be awarded to no fewer than 20% and no more than 30% of the class.

Grades of B+, B, and B- shall be awarded to no fewer than 35% and no more than 45% of the class.

Grades of C+, C, and C- shall be awarded to no fewer than 15% and no more than 25% of the class.

Grades of D and F shall be awarded to no fewer than 10% and no more than 20% of the class.

Required Cumulative Average

For the class as a whole, the cumulative average grade shall fall between 2.40 and 2.80, inclusive.

Curve II

In every J.D. course not subject to Curve I, other than Lawyering Skills and Trial Advocacy with an enrollment of more than 30 students, faculty shall conform their grades to the following standards:

Required Grades

Grades of A+, A, and A- shall be awarded to no fewer than 25% and no more than 40% of the class.

Grades of B+, B, and B- shall be awarded to no fewer than 35% and no more than 50% of the class.

Grades of C+, C, and C- shall be awarded to no fewer than 10% and no more than 25% of the class.

Grades of D and F shall be awarded to no fewer than 0% and no more than 10% of the class.

Required Cumulative Average

For the class as a whole, the cumulative average grade shall fall between 2.70 and 3.10, inclusive.

Related Provisions

a)  These required grading curves shall take effect with the Fall 2003 term. 

b)  If a faculty member turns in grades for a covered course that conform to the grading curves (both as to the required grades and as to the required cumulative average) the registrar shall process the grade as usual.  If they do not, they shall be returned to the professor for adjustment to conformity to the curves.  The registrar shall not process any grades for a course until all grades for the course conform to the grading curves, unless the lack of conformity is de minimis or a waiver has been obtained from the dean.

c)  If a professor falls outside of any grouping of the required grades by a fraction of a student, this shall be considered a de minimis lack of conformity and the registrar shall not thereby decline to enter the grades as usual.

d)  In extraordinary circumstances, the dean or associate dean for academic affairs may grant a waiver for a professor not conforming to the grading curves for a particular course for a particular semester.  It is not considered “extraordinary circumstances” that a professor simply considers the curve too strict or too generous, in whole or in part, or the class too strong or too weak for the curve to be applicable.  Any such waiver shall be reported to the Assembly Executive Committee in writing, together with the reasons for the waiver.

Grading System

The grading system of The John Marshall Law School (at all academic levels, including J.D., LL.M., and M. Juris programs) shall be:

A+

4.01

A

4.00

A-

3.67

B+

3.33

B

3.00

B-

2.67

C+

2.33

C

2.00

C-

1.67

D

1.00

F

0.00

WP

0.00

WF

0.00

W

0.00

                                     

Probation and Dismissal Policy 

A student who attains a grade point average of below 1.75 in the first semester of law school will be dismissed.  A student whose cumulative grade point average is below 2.25 at the end of any fall or spring semester will be placed on academic probation, and must raise his or her cumulative grade point average to at least 2.25 by the end of the next smester in which the student enrolls and one adjacent or prior summer term.  A student is eligible for probation only once; if a student’s cumulative grade point average again falls below 2.25 after any subsequent fall or spring semester, the student will be dismissed.

Provisions

Because of the required 2.25 cumulative grade point average, a student must earn a number of grades above “C” to remain in school and graduate.  A student who receives only C’s during his or her first two semesters, will have a cumulative average of 2.00 and will be ineligible to continue in school.   For these reasons, any grade of C is considered marginally acceptable.

A student on probation must take a minimum of 12 semester hours in the full-time program or 8 semester hours in the part-time program.  Failure to register for the required number of hours without prior approval of the Director for Academic Services will be treated as the equivalent of failure to attain a 2.25 grade point average for the semester.

Reservation of Rights

The law school reserves the right to change its academic rules from time to time as is specified in the Reservation of Rights provisions set out in the current Catalog.

VI. RE-ADMISSION POLICY

Students dismissed for academic reasons may apply for readmission pursuant to the following rules and standards. Readmission is not a matter of right; instead, it is within the sound discretion of the appropriate committee. Any student applying for readmission shall bear the burden of demonstrating that his/her performance to date does not accurately reflect his/her ability to successfully complete law school.

PROCEDURES

A. Students dismissed after their first or second semester

Any student dismissed for academic reasons may apply no earlier than one semester after dismissal to the faculty committee responsible for readmission decisions (hereafter, the Academic Affairs Committee). If granted, such readmission will be effective no earlier than one year after the student’s dismissal. Such a student will start over as a new, first-semester student.

B. Students dismissed after three or more semesters

A student dismissed for academic reasons after completing three or more semesters may elect:

(a) to apply for readmission under (A) above or

(b) to apply immediately to the Academic Affairs Committee for readmission. Such a student must, however, sit out one semester while his/her petition is being considered. If readmitted, such a student may be allowed to re-enter as a continuing student, with credit for earlier work (assuming the student has 31 or more graded hours), but such a student will be required to repeat all required courses in which he/she received a grade of “C” or lower. Any repeated courses will be included in the grade point average calculations but will count only once toward the 90-hour graduation requirement.

Any student readmitted as a continuing student must raise his/her overall GPA to 2.25 or higher by the end of the semester in which he/she re-enrolls. If a readmitted student has completed fewer than 31 graded hours of earlier work, or if the Academic Affairs Committee for other reasons determines that it would be inappropriate to grant credit for a readmitted student’s earlier work, the student must start over as a first semester student.

C. No repeat readmissions

No student readmitted and dismissed a second time will be considered for a second readmission, either by the Academic Affairs Committee or through the normal admission process.


D. Application for readmission was rejected

A student whose application for readmission has been rejected by the Academic Affairs Committee may not submit a subsequent application to the committee, but may seek readmission through the normal admission process (but in no case shall a student be readmitted without the affirmative vote of the Faculty Admissions Committee). Such application may be made no sooner than two years from the end of the semester after which the student was dismissed for academic reasons.

E. Application to the admissions committee after two years

If an eligible student seeking readmission applies two or more years after the date on which the student was dismissed for academic reasons, the student must apply through the normal admission process (but in no case shall a student be readmitted without the affirmative vote of the Faculty Admissions Committee) and, if admitted, must start over as a first-semester student.

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