Academic Regulations and Procedures

General Information

Changes in Class Schedule

The Law School reserves the right to cancel or discontinue any course because of insufficient enrollment or for any other reason. In order to assure quality instruction, the University and the Law School reserve the right to close registration when the maximum enrollment has been reached and to make changes in schedule and/or faculty when necessary. Notice will be given to enrolled students as changes are made in the law program.

Dropping Courses/Withdrawal

Students may not withdraw from a required course. For elective courses (other than externships, clinical courses, courses where students commit to parties outside the law school, or where withdrawal may adversely affect the education of other students), the Law School provides a drop/add period at the beginning of every semester. The drop/add period typically lasts for the first week of class. A specific deadline for the drop/add period is included in the registration materials sent to students. After the drop/add period closes, a student may officially withdraw from an elective course with a “W” (withdraw without penalty) up until halfway through the term. The length of the term is determined by counting all calendar days from the first day of classes through the last day of exams, including the first and last day. Any exception to this policy is within the purview of the Dean or the Associate Dean for Academic Affairs. A course dropped outside the drop/add period without permission of the Dean or Associate Dean for Academic Affairs is automatically graded “F”.

A student who withdraws from the University for any reason (except for a medical reason) receives grades of “W” if the withdrawal is before the designated half-term time period. After this time a student will receive a “W” or “F” depending on his/her grades at the time of withdrawal.

To remain enrolled as full-time students, all members of the Class of May 2016 and the Class of May 2017 must maintain at least 12 credit hours each semester. Members of the Class of December 2017 must maintain at least 10 credit hours each trimester to be considered full-time students. It is important that students realize that registration changes that place them below full-time status may unfavorably affect financial aid and scholarship requirements, veteran’s rights, foreign student visas and other benefits and requirements. The student is responsible for any changes in his or her course registration and for maintaining his/her status as a full- time student.

Examinations and Grading

Taking Final Examinations

In many courses, students are evaluated by an examination at the end of the course. Faculty may use other types of assessments as additional or alternative bases for evaluating student achievement. Exam times and room assignments are distributed by the Registrar.

Anonymous Grading

Law School exams are anonymous and self- identification of any kind is not permitted. Students are not to put their name, class level or personal comments (which could be used to identify a student) anywhere on exam materials. Instead, students are given an exam identification number each term by the Registrar’s Office. Faculty grade examinations anonymously, referring only to the exam identification number.

Each exam period students will receive a new exam identification number. Students should memorize or bring this number to each exam. Numbers will not be given out over the phone or to a third party.

Examination Accommodations

See Section I of this Handbook for information about requesting accommodations, including examination accommodations, based on disability.

Rescheduling a Final Examination

Students are required to take all of their exams at the times scheduled unless granted approval by the Registrar to reschedule an exam. A student may request that a scheduled exam be rescheduled when the student has two exams within a 24 hour period.

The student has the burden of seeking approval to reschedule an exam, and exams will not be rescheduled unless a student seeks such approval. In order to protect anonymity, students should not contact their professors if they need to reschedule a final exam.

The Registrar will determine which exam will be rescheduled and when the rescheduled exam will be administered. Exams that qualify for rescheduling due to multiple exams within a 24 hour period will generally be rescheduled for the individual student’s next available exam slot that does not create a new conflict under this rule. Rescheduled examinations are generally scheduled for after the regularly scheduled examination slot.

All requests for rescheduled examinations based on a scheduling conflict must be in writing and presented along with any supporting documentation to the Registrar. The form to request rescheduling of an exam based on a scheduling conflict is available at the following web address:

http://www.elon.edu/docs/e-web/law/Examination%20Schedule%20Conflict%20Form.pdf. All such requests must be made at least twenty one (21) calendar days prior to the beginning of the examination period.

An illness or death in the family, illness of the student, or other compelling circumstances may also warrant a change in exam scheduling. If an emergency situation arises that prevents exam attendance, the student should immediately notify the Registrar.

Failure to Take a Final Examination

If an exam is not taken, the student will receive an “F” for the exam and may fail the course for the semester.

Grading Scale

Students are graded in most courses on a letter and number grading scale, as set forth in the chart below:

First-Year Courses

First-year courses are subject to a mandatory grade distribution as follows:

1. At least 15% of the class must receive a grade of 3.33 (B+) or above
2. At least 10% of the class must receive a grade of 1.67 (C-); or below
3. At least an additional 5% of the class must receive a grade of 1.33 (D+) or below;
4. The median grade for the class must be between 2.67 - 3.00;
5. In exceptional circumstances the Associate Dean for Academic Affairs has the discretionary power to waive compliance by a faculty member with the requirements of the mandatory curve.

Upper-Level Courses

Upper level courses are not subject to a mandatory grade distribution, but are subject to a mandatory mean of between 3.0-3.33. This mandatory mean is not to be applied in any course that is assessed on a pass/fail basis. In exceptional circumstances the Associate Dean for Academic Affairs has the discretionary power to waive compliance by a faculty member with the requirements of the mandatory mean for upper-level courses.

Other Grading Information

Certain courses in the curriculum may be graded on a pass/fail basis. Students in a pass/fail course may receive one of the following:

“H” – Honors – indicating that the student performed with distinction in the course.

“P” – Pass – indicating that the student satisfied course requirements at an expected level of performance.

“LP” – Low Pass – indicating that the student satisfied course requirements but below the expected level of performance.

“F” – Fail – indicating that the student failed to satisfy course requirements.

Assuming a student receives an “H”, “P”, or “LP” in a pass/fail course, the student will receive credit hours for the course but will not receive any quality points and the course will not factor into the student’s grade point average. A student who receives an “F” in a pass/fail course does not receive credit hours for the course and the failure will be included in the calculation of the student’s grade point average.

In addition to the other grades discussed herein, students may receive a grade of “I” for Incomplete. As a general rule, a grade of “I” for incomplete must be removed within thirty (30) calendar days from the date the “I” grade is posted. Unless an “I” is removed by the date designated, or the date is extended by the Dean or Associate Dean for Academic Affairs, an “I” grade is automatically changed to an “F”.

A student may also receive a grade of “WD” (Medical Withdrawal) upon documentation of a medical condition that has impacted the student’s ability to complete coursework and any exam in the course.

Generally, a student’s grade point average is computed by dividing the total quality points on work attempted at Elon by the number of hours attempted, except for pass/fail courses in which the student passed and courses with grades of “I” (Incomplete), “WD” (Medical Withdrawal), or “W” (Withdrawal).

Dissemination of Grades

Once received by the Registrar, all grades will be posted through the University’s OnTrack system. Generally, students can expect to receive grades within 30 days following the last examination of the term. Students are able to review their current as well as past grades through the OnTrack system. As a general rule, grades for first-year students will not be available until grades for at least three first year courses have been received by the Registrar’s Office.

Feedback on Grades

Students are encouraged to review their exams with faculty members after grades have been posted. While exams are not allowed to leave the building, students will have access to their exam to have a productive meeting with faculty. Generally, items may not be copied, and in no instance may an exam be copied without the permission of the professor. Each faculty member may have individual policies regarding setting an appointment to discuss an exam. Students should review the class syllabus for more information.

Change of Grades

After a faculty member has submitted a grade to the Registrar, a faculty member may change the grade only if it was incorrect due to mathematical, administrative or other mechanical error. If a faculty member discovers a mathematical, administrative or other mechanical error in one student’s grade, then discovers the same error was also made in the grading of other students’ papers, the faculty member must change the grade of all the students affected by the error. A grade may not be changed as a result of a substantive reevaluation of a student’s work or otherwise.

Academic Support

The Law School seeks to provide a comprehensive academic support program to its students. While all students are invited to participate, any student with a cumulative GPA⁵ below 2.50 is required to participate in the Law School’s Advanced Legal Construction and Analysis Program. The Advanced Legal Construction and Analysis Program focuses on improving students’ individual academic weaknesses and seeks to improve their organizational, writing, and study skills. The Program involves individual and small group instruction with the Director of Academic Support and may, depending on common needs of students, take the form of a traditional classroom setting. Satisfactory participation in the Advanced Legal Construction and Analysis Program by any student with a cumulative GPA of below 2.50 is a requirement to graduate.

⁵ For all purposes herein the term “GPA” means the student’s grade point average as recorded on the student’s official transcript.

Academic Standards

The Law School strives to ensure proficiency by its students in all required-course subjects. As such, the Law School mandates curative action in the event that a student earns a 2.33 (C+) or lower in any required course.⁶ This curative action requires the student (i) to continue his or her study of the subject independently and (ii) to demonstrate proficiency by successfully completing a separate and distinct examination testing the student’s knowledge of the subject area. The Director of Academic Support oversees student progress and performance with respect to the independent study and the examination. If a student earns a 2.33 (C+) or lower in a required course during the student’s first or second year, the student must demonstrate proficiency in that subject area by August 15 immediately preceding the student’s 3L year. If a student earns a 2.33 (C+) or lower in a required course during the student’s third year, the student must demonstrate proficiency in that subject area prior to graduation.

In order to ensure students are able to devote sufficient time and attention to their academic performance, any student with a cumulative GPA below 2.50: (i) will be restricted from running for office in any Student Body organization; (ii) must have his or her course registration (including registration for Winter Term and any summer session, either at the Law School or elsewhere) and any request to study abroad approved by the Associate Dean for Academic Affairs prior to registration, and (iii) will have all requests to engage in paid work subject to individual review and approval by the Associate Director of Career and Student Development.

⁶ The mandatory curative action described in this paragraph applies if a student earns a 2.33 in either term of a two-term course. For example, if a student earns a 2.33 (C+) in Contracts I and a 3.00 (B) in Contracts II, the student must still undertake the described curative measures.

Exclusion

Any student who falls below a cumulative GPA of 2.00 (C) at the completion of the Spring Trimester of his or her first year will be excluded from continued matriculation at the Law School. Of those students, any student who attains a cumulative GPA of 1.80 or above is entitled to petition for readmission. Any student whose cumulative GPA falls below 1.80 shall not be permitted to petition for readmission.

Second year students must maintain at least a cumulative GPA of 2.00 (C) at the completion of each semester. Any student whose cumulative GPA falls below 2.00 (C) at the completion of either semester will be excluded. Of those students, any student who attains a cumulative GPA of 1.80 or above is entitled to petition for readmission. Any student whose cumulative GPA falls below 1.80 shall not be permitted to petition for readmission.

Any third year student who fails to maintain a cumulative GPA of at least 2.00 (C) at the completion of the first semester of the third year will be excluded. Of those students, any student who attains a cumulative GPA of 1.80 or above is entitled to petition for readmission. Any student whose cumulative GPA falls below 1.80 shall not be permitted to petition for readmission.

Any student who fails to maintain a cumulative GPA of at least 2.00 (C) at the completion of the final semester shall be excluded and not permitted to graduate. Any such student may petition for readmission and the opportunity to continue taking courses in order to raise his or her cumulative GPA to at least 2.00 (C), and thereby qualify to graduate.

The faculty’s Academic Standards Committee shall serve as the committee to review student readmission petitions. The Committee has full authority to review and evaluate such petitions. If a student is re-admitted, the Committee may fashion appropriate conditions of probation in addition to those set forth herein, and may set performance standards, such as a minimum grade in a course or a minimum grade-point average for a trimester or semester, as applicable, to continue in the program.

Effect of Exclusion on Summer Enrollment

A student who takes a summer course at the Law School and is notified during the course that he or she has been academically excluded may be allowed to complete the course for credit or may withdraw from the course. Summer school grades for courses taken after a student has been academically excluded (e.g., grades for summer school courses taken after a student’s first year, if the student has been excluded as a result of his or her first year grades), are not taken into consideration in determining a student’s entitlement to petition for readmission. If an academically excluded student withdraws from a summer school course after the drop- add period is over, no refund for tuition is available. In addition, any student who takes (i) a summer study abroad course through the Law School or (ii) a summer session course through another law school (whether such course is offered domestically or abroad), and is notified during the course that he or she has been academically excluded from the Law School shall not be eligible to receive a refund.

Return of Law School Property

Upon notification of academic exclusion from the Law School, the student must return all of the following Law School property:

1. Student locker key
2. Phoenix Card
3. Parking passes
4. Any library materials in the student’s possession
5. Any other property issued by the University to the student

Failure to return Law School property in good condition may result in repair or replacement charges to the departing student.

Return of Student Property

When a student departs the Law School, any student personal property must be removed from the Law School within thirty (30) days of the effective date of departure. After the expiration of the thirty (30) day time period, the property will be considered abandoned by the student and disposed of by the Law School.

Readmission following Exclusion

Right to Petition for Readmission

A student who has been academically excluded but has a cumulative GPA of 1.80 or higher as of the end of the Spring Trimester for first-year students or applicable semester for upper-level students may petition for readmission. The faculty’s Academic Standards Committee shall serve as the committee to review student readmission petitions. The Academic Standards Committee (the “Committee”) has full authority to review and evaluate student petitions for readmission.

All petitions for readmission shall be in writing and addressed to the Committee. The petition must be received by the Law School Registrar within seven (7) days of the date of the letter notifying the student that s/he has been academically excluded. The petition shall set forth in detail the relief sought and the reasons that relief should be granted. While there is no fixed page limit, the suggested page limit for a readmission petition is no more than 10 pages. There is no specific format for a student petition for readmission. The Committee will meet to consider the student’s petition as soon as practicable after its receipt. A student may request in the petition that he or she be allowed to appear before the Committee prior to its decision on the petition. At this appearance, the petitioner may orally present information that is not contained in the original petition concerning the merits of the petition. The Chair of the Committee will conduct the meeting and may regulate the conduct of the meeting, including but not limited to the length and allowable scope of the petitioner’s presentation. Because no transcript or recording of any proceedings or meetings on the petition will be made, the petitioner may submit any additional information raised in his or her oral presentation in a supplemental written statement.

The petition process and the meetings and other proceedings therein, including any appearance by the petitioner before the Committee, is restricted to the Elon Law student and faculty directly involved in the petition proceeding. Recognizing that the petition process is an in-house procedure, attorneys, other legal counsel, and other individuals are not permitted to participate in the petition process or to appear at any meeting, hearing or any other proceeding. Other than the appearance by the petitioner allowed in the preceding paragraph, all meetings, proceedings and deliberations of the Committee will be closed and attendance limited to members of the Committee.

There will be no transcript or recording of any meetings or proceedings regarding the petition. Rather, the record of the petition process and hearing will consist of the written statements submitted by the petitioner and the written decision on this petition prepared by the Committee.

Standard for Readmission through the Petition Process

A student who has been academically excluded has the burden of persuading the Committee that he or she should be readmitted. In determining whether the petitioning student should be readmitted, the Committee will apply the following standard:

The petitioning student must establish by clear and convincing proof that: (1)he or she has identified the problems or issues that led to his or her exclusion; (2) he or she has taken sufficient steps, or has made sufficient plans, to prevent those or similar problems or issues from interfering with his or her performance in subsequent semesters; and (3) he or she is capable of satisfactory academic performance in each subsequent semester and is capable of satisfactorily completing his or her law studies.

Requirements for Readmission; Conditions

When a petition for readmission is granted, the Committee may impose any conditions on readmission including, but not limited to, requiring the petitioner to retake a particular course or courses, prescribing the level of academic performance which will again result in exclusion for academic deficiency, limiting the student’s outside employment and involvement in co- and extra-curricular activities, or any other conditions or restrictions the Committee may deem appropriate.

Upon reaching its decision, the Committee will prepare a written decision and provide a copy of this decision to the petitioning student and the Dean.

Appeal Process

After a student’s petition for readmission has been considered on its merits and a decision reached by the Committee, the petitioning student may appeal this decision to the Dean. Any such appeal of the Committee’s decision shall be made by the student, in writing, within seven (7) days of the date of the Committee’s decision. Unless otherwise determined by the Dean, this appeal will be decided based on a review of the information considered by the Committee, without further submissions or appearances. Upon reaching a decision on the appeal, the Dean will notify the petitioning student and the Committee of this decision. There is no right to petition or appeal beyond the Law School Dean.

Denial of a readmission petition shall be without prejudice to the right to apply for readmission as an entering first year student, as described below.

Right to Apply for Readmission

A student who has been excluded for academic deficiency after the first year of law school may apply for readmission de novo to join a first year class entering the Law School one or more years after the student is notified of his or her exclusion. The Admissions Committee may readmit the reapplying student if the members of the Admissions Committee believe there is a substantial likelihood that the applicant is presently able to complete law school successfully. In making this decision, the Admissions Committee shall consider the applicant’s post-exclusion course work, work activity, or study, and the applicant’s GPA and LSAT score.

If the Admissions Committee decides to readmit the student, the Admissions Committee Chairperson shall sign and place in the student’s file a statement of the considerations that led to the decision to readmit the student.

If the Admissions Committee denies an application for readmission after academic exclusion, the decision of the Admissions Committee shall be final.