College of Law Academic Regulations

Student Class Performance (IV)

Class attendance (IV A)

Every student must maintain attendance satisfactory to the instructor in each of his classes. A student may be excluded from any course for excessive absences upon the recommendation of the instructor, with the concurrence of the Dean.

Excessive absence rule (IV B)

Whenever any student has been absent from 25% of the total of any class meetings in any course, in any term, for whatever reason, he shall be disqualified to take the final examination in such course or to receive credit therefor. For the purposes of this rule, the following numbers of absences shall be deemed to constitute 25%: 4 absences in any 1-hour course, 7 absences in any 2-hour course, 11 absences in any 3-hour course, 14 absences in any 4-hour course. Absences in classes that meet for longer than 50 minutes shall count as absences in a number of classes determined by the proportion that the number of minutes the missed class bears to 50 (for example, an absence from a class that meets for 75 minutes shall count as an absence from one and one-half class meetings). Instructors may require special makeup assignments for absences not amounting to 25%, and may take unexcused absences into account in the final grade of the student along with the quality of daily work done, provided that the instructor acts in a manner consistent with a written policy distributed to the student in the first or second class meeting.

Procedure on violation of excessive absence rule (IV C)

Whenever an instructor determines that a student has exceeded the number of absences permitted by Rule IV.B. above, the faculty member shall notify the Dean or Dean's designate of the violation and shall request that the Dean or Dean's designate notify the student that they have been disqualified from taking the final examination in the course and from receiving credit therefor. Such notification shall be by letter to all addresses for the student on file with the University Registrar. In addition, the Dean or Dean's designate shall make other reasonable efforts to notify the student. Upon notification, the student must initiate withdrawal by requesting the Dean or the Dean's designate to permit withdrawal with a grade of ãW." If the student fails to initiate the withdrawal or cannot be located, the Dean, the Dean's designate, or the faculty member may initiate withdrawal. If the withdrawal is initiated during the first half of the semester, the student may withdraw with a grade of ãW" without the approval of the Dean or Dean's designate or faculty member. During the last half of the semester, withdrawal requires the approval of the Dean or Dean's designate after consultation with the faculty member. If withdrawal is not initiated or approved as provided herein, the student shall remain enrolled in the course and shall earn a grade of ãE" for the course.

Class preparation (IV D)

Effective instruction in the College of Law requires preparation of daily assignments by students. The case and problem method cannot be effectively used when students are not prepared. Therefore, the instructor may exercise wide discretion in taking action deemed necessary to insure that classroom performance will be maintained at a high level.

Outside Employment (V)

Policy (V A)

Employment during the school semester often impairs a student's ability to devote the time needed for full-time law school study. Accordingly, the law faculty strongly urges full-time students not to undertake any employment during their first or second semesters, except in extraordinary circumstances and only after consultation with the Dean's office. It is similarly urged that students during their third through final semesters not undertake employment for more than 15 hours per week.

Notice of policy (V B)

1. The policy should be stated, explained, and emphasized, inter alia, (1) in the College of Law Bulletin; (2) in the Handbook for Entering Students; (3) in the Curriculum Planning Guide; (4) during first-year Orientation; and (5) in a notice of the bulletin board for clerkship opportunities.

2. Employers who advertise through the Placement Office and who wish to employ a clerk for over 15 hours a week shall be apprized of the policy and the hiring of more than one clerk or modification of the work load will be suggested.

Scholarship and grant funds (V C)

A concerted effort should be made to increase scholarship and grant funds, as well as other financial aid, for law students; prospective entering students should be apprized of the available aid.

Withdrawal by Students (VI)

General policy (VI A)

All students at the College of Law are expected to complete their degree requirements without interruption other than for regularly scheduled vacation periods. It is expected that students will complete all courses or seminars in which they are enrolled. The following rules govern the situations where exceptions to this policy are necessary.

Withdrawal from the College and University (VI B)

1. First-year students are expected to complete their first year of law study without interruption. If a student withdraws from the College and University during his or her first year of law study, readmission is not automatic. If a student withdraws during the first semester of law study, applications for readmission will be referred to the Admissions Committee; if a first-year student withdraws during the second-semester, applications for readmission will be referred to the Academic Status Committee; provided that in either of the above withdrawal situations, the Dean or the Dean's designate may grant a special leave of absence for the balance of the academic year for reasons relating to extended illness or equivalent distress.

2. After completion of all required first-year courses, a student who withdraws from the College of Law and the University is subject to the rules stated herein regarding readmission after a leave of absence and grades for students who withdraw. To officially withdraw from the College of Law, a student must report to the University Registrar's Office to obtain a withdrawal card; this card must be signed by the Dean of the College of Law or the Dean's designate. If a student plans to complete a semester, but not reenroll for the subsequent semester, he or she must give the Dean or the Dean's designate written notice of such intention.

Withdrawal from individual courses or seminars (VI C)

A second-year student, a third-year student, or a first-year student with special permission of the Dean or the Dean's designate may withdraw from any course or seminar within the first half of a semester or summer session. To withdraw from a course or seminar within the first half of a semester or summer session, the student must submit a completed course withdrawal card to the Dean or the Dean's designate. A student may withdraw from a course or seminar during the last half of a semester or summer session only on petition certifying reasons relating to extended illness or equivalent distress. This petition must be approved by the instructor and the Dean or the Dean's designate. The instructor must assign a grade of W (withdrew passing) or E (failure) pursuant to paragraph D of this rule if the petition is approved.

Readmission after a leave of absence (VI D)

1. If a student withdraws from the College and University or does not continue enrollment and has complied with paragraph B(2) of this rule, the student will routinely be readmitted to the College provided that the student is in good standing and the absence was not longer than two semesters plus one summer term. No student will be readmitted pursuant to this paragraph more than one time.

2. A student who intends to remain away from the College for more than two semesters plus one summer term must request permission for a Leave of Absence. These requests are not routinely granted and will be referred to the Academic Status Committee for recommendation to the Dean.

3. Readmission for students who are not entitled to readmission pursuant to paragraphs B, D(1), or D(2) of this rule is not automatic. Applications for such readmission will be referred to the Academic Status Committee for a recommendation to the Dean. The Academic Status Committee may consider all relevant facts and circumstances, including the length of time out of the College and reasons for the absence. The Committee and Dean will normally not approve readmission for any student who has been away from the College for six regular semesters. Reasonable conditions, including the repetition of courses for no credit, may be imposed if readmission is approved.

Completion of Course Work and ãI" Grades (VII)

Completion of course work (VII A)

Students in all courses, seminars, and other College of Law programs are expected to complete their course work within the semester during which the course is offered. In examination courses, this means taking the exam at the regular scheduled time. In courses where papers comprise all or part of the course work, such papers must be submitted at the times fixed by the instructor but in no event later than the last day of the scheduled exams for the semester. In clinical courses, all work must be completed at the times fixed by the instructor. Failure to complete College of Law work within the limits described in this paragraph shall result in an E grade unless the student withdraws from the course or receives an I grade. An I grade shall be awarded only as provided below.

Alternative dates for examinations (VII B)

Alternative dates for examinations are governed by Rule VIII.B., below.

Late papers (VII C)

A student unable to submit a paper by the scheduled time for submission because of urgent reasons relating to illness or extraordinary circumstances may request permission from the faculty member to submit a paper after the regular scheduled time for submission. Such a request shall be made or confirmed in writing and shall particularize the reasons for the request. Evidence of the reasons for the student's inability to submit the paper at the scheduled time may be required. The faculty member may:

1. Permit a delay in submission until any date prior to the last day of the examination period for the semester; or

2. Recommend to the Dean a delay in submission until a specified date subsequent to the last day of the examination period; or

3. Deny the request.

ãI" Grades for incomplete work (VII D)

1. Faculty members may submit an I grade for students who fail to complete required course work. Submission of I grades is governed by University Senate Rule 5.1.3.2.

2. Effect of Incompletes on Academic Status

The Faculty of the College of Law, the Law Faculty Academic Status Committee, or the Dean may act with regard to a student's status without reference to the presence of one or more I grades on the student's record.

Examinations (VIII)

Monitoring (VIII A)

Some system of monitoring examinations is highly desirable. The Dean should strongly recommend that individual faculty members monitor their examinations or trade off with other teachers so that all examinations will be monitored by a faculty member. Another option is to hire persons (other than law students) to serve as proctors.

Alternative dates (VIII B)

1. The applicable examination rule in the College of Law will be University Senate Rule 5.2.4.6.

2. In order to determine the need for any further faculty action on defining "undue hardship" under the Senate Rule, each faculty member who grants a student request for an alternative examination date shall report such action to the Dean in writing. Such report shall include the course name, the name of the student whose request is granted, and a clear statement of the grounds for granting each request. These reports shall be distributed to the faculty at the conclusion of the final examination period each semester.

Lost examination papers (VIII C)

Loss or theft of a professor's examination books was treated as follows in February, 1975: students whose papers were not recovered were awarded a grade equal to their cumulative average including work through and including the fall semester 1974, and given the option of taking another examination if they wish to try to achieve a higher grade. Those exercising the examination option would make a binding election and would have to abide by the results of the examination rather than choosing the higher of the two grades afterward.

Grades (IX)

Average grades (IX A)

The average grade in every course and seminar shall be in the range 2.60-2.80 for the first year and 2.70-3.00 for the second and third years, unless the professor believes that special circumstances require that the average grade in a particular course or seminar be outside these ranges, in which case the professor shall submit a written explanation of these circumstances to the Dean's Office. These written explanations shall be attached to the grade summaries distributed after each semester by the Dean's Office. Special circumstances that may justify exemption of a particular course or seminar from these ranges include, but are not limited to, the fact that the average GPA of the class is outside the range; the size of the class; and the fact that the class grade is being determined at least in part on the basis of a paper that satisfies the writing requirement.

The average grade rule serves the fundamental interest of fairness to students and the secondary interest of encouraging students to use sound bases for selecting courses. It is the sense of the faculty that faculty members should respect these interests by good faith efforts to comply with the average grade rule. In particular, deviations must be justified by explanations that reflect serious consideration of the reasons for the rule.

Anonymity (IX B)

For each course the faculty member will designate whether grading of examinations is to be anonymous or non-anonymous and the students will be advised of this prior to taking the exam, and if possible, prior to registration.

Deadline for submission of grades (IX C)

Grades are due in the Dean's Office not later than the beginning of the following session.

Exclusion for Poor Scholarship and Readmission. (IX D)

All students in the College of Law must maintain a satisfactory cumulative grade point average, and failure to do so will result in the student being dropped from the College for poor scholarship. Any student who receives a grade point average below 1.5 for his or her first semester of law study may be dropped by the Dean on recommendation of the Law Faculty Academic Status Committee for poor scholarship. Any student who fails to achieve a 2.0 cumulative grade point average at the end of the first two semesters will automatically be dropped for poor scholarship. In addition, any student whose cumulative average falls between a 2.0 at the end of any subsequent semester will also be dropped from the College.

Any student who receives a grade of E in a required course must re-register for the course and complete all requirements therefor. When such a required course is retaken or when a student elects to repeat an elective course in which he has received a failing grade, both the initial and subsequent grade will be reflected on the student's record and counted in the computation of class standing, subject to Readmission standards below.

Any student dropped for poor scholarship may petition the Law Faculty Academic Status Committee for readmission. A recommendation to the Dean for readmission is within the discretion of the committee; however, in most cases, the following policies will guide the Committee, a student dropped after the first semester will be required to petition the full Faculty for readmission; in the case of students dropped at the end of the second semester, a student with cumulative grade point average of 1.9 and above will normally be readmitted, a student with a cumulative average below 1.7 will normally not be readmitted; any student dropped at the end of the third semester or thereafter will be subject to case-by-case analysis.

Any Student who is readmitted after being dropped at the end of the second semester and who fails to raise his or her cumulative grade point average to 2.0 by the end of the third semester will be readmitted again only at that time if she or he has made material progress toward raising his or her cumulative grade point average to 2.0. Material progress at a minimum shall mean obtaining a 2.0 GPA for the semester. Moreover, such student must raise his or her cumulative average to 2.0 by the end of the forth semester. In addition to the foregoing academic standards for readmission, the Committee may impose additional academic standards in individual cases, and in any case may impose other reasonable conditions of readmission including, but not limited to, limitation of outside work, specification of schedule of study ( including specification of particular courses and limitation of hours, and the limitation of extracurricular activities. The Committee with the approval of the full law faculty may also require the repetition of courses either with or without substitution of the grades awarded in the courses retaken. Failure to comply with the requirements and conditions of readmission will result in the student being dropped again from the College, in which case he or she will not be readmitted without approval of the University Senate Council upon the recommendation of the Dean following action by the full Law Faculty. Any student aggrieved at any time by recommendation of the Academic Status Committee may petition the full Law Faculty for review.

For purposes of the above rules, a student who is required by the Academic Status Committee to repeat fourteen (14) or more hours of the freshman curriculum in his or her third or fourth semester will be considered as enrolled in his or her first or second semesters.

A student who has once been dropped for poor scholarship and who fails to have a 2.0 cumulative average at the end of the semester or summer session in which he or she completes the 90th hour of course work will not be allowed to graduate from the College of Law. Such student will not be allowed to enroll in additional hours of course work in an attempt to achieve a 2.0 cumulative average.

Requirements for Graduation (X)

Juris Doctor degree (X A)

Students admitted to the College of Law are eligible for the degree of Juris Doctor (J.D.) upon completion of a minimum of three academic years (six full-time semesters or equivalent) of residence and 90 semester hours of courses in the College of Law with a grade-point average of at least 2.0.

All courses in the first year of law study are required, as is a course in professional responsibility and an upper division writing course.

Upper Division Writing Course (X B)

1. requirement and standard

    a. In order to graduate from the College of Law, a student must successfully complete an upper class course which has an approved writing component.

    b. Prior to March 25 for courses in the Fall semester, and prior to October 25 for courses in the Spring semester, the Dean will ascertain which courses will satisfy the writing requirement, according to the following standards:

The Faculty Member must require the submission of at least one preliminary draft of each written submission, and make detailed criticisms, suggestions, and/or comments, with a particular view toward improving the forcefulness or effectiveness of the student's expression. During the course of the semester the Faculty Member must have at least one private consultation session to discuss student drafts. During such sessions the Faculty Member will discuss the student's draft and make suggestions on the page by page basis.

    c. It is contemplated that most seminars will meet these requirements. The Dean should encourage faculty members conducting seminars to have their seminars meet these requirements.

    d. The final version of every paper submitted in satisfaction of the upperclass writing requirement shall be filed by the supervising professor with the Dean's Office at the time the grade therefor is submitted, to be ultimately lodged with all other such papers on a permanent basis in the library.

    e. The faculty believes that satisfaction of the upperclass writing requirement should require a substantial independent effort by each student. While precise guidelines for such an effort are difficult to define and will always be subject to exception in individual cases in the interest of achieving quality work, the expectation is that the effort required for gaining two or three hours of credit for written work will be similar to the effort required, respectively, for a two or three-hour course and will in general result in a paper of approximately 25 pages for two hours credit and 40 pages for three hours credit.

2. Seminars and satisfaction of the Substantial Writing Requirement

A seminar generally is a course with limited enrollment, the primary focus of which is the preparation by the students for substantial research papers and the oral presentation and defense of those papers to the entire class.

    a. specific definition

A seminar is (1) any course currently bearing the course number LAW 950 with, as appropriate, a letter suffix, which the College of Law is authorized to offer for credit upon approval by the faculty of the College of Law, without approval by the University Senate, and (2) any course adopted in the future, regardless of course number, that meets the standards for designation as a seminar in paragraph (b) and is specifically approved by the faculty as a seminar.

    b. standards for designation

      1.) general rule

No course may be approved under the seminar procedures or offered as a seminar unless at least fifty percent of the final grade is based on a substantial paper. A "substantial paper" is a paper of at least twenty pages in length, exclusive of title page, table of contents, and endnotes. Nothing in this rule shall be construed to mean that a course cannot be offered in which more than one-half of the final grade is based on a paper, but it is generally expected that the grade in nonseminar courses will be based primarily on one or more examinations.

      2.) exceptions

Exceptions to the standards in paragraph (b)(1) rarely should be approved. However, a proposed seminar in which students will do a substantial amount of writing, but in which no single paper meets the standards for designation as a seminar, may be approved.

    c. enrollment limitation

Enrollment in any course bearing a seminar designation (as defined in paragraph (a)) shall not exceed sixteen students in any section. With the approval of the Dean an instructor may impose an enrollment limitation of fewer or greater than sixteen students, but neither the instructor nor the dean, nor the instructor and the dean by agreement, may raise the enrollment limitation above eighteen students.

    d. Any course defined as a seminar shall be offered in any term after the Spring, 1990 term only if the syllabus course description meets the standards for designation as a seminar in paragraph (b) and shall be subject to the enrollment limitation in paragraph (c).

    e. coordination with Substantial Writing Requirement

Except when circumstances do not permit, all students shall satisfy their substantial writing requirement by successfully completing a seminar. In cases where a student enrolls in two or more seminars, either in the same semester or sequentially, the student shall notify the seminar instructor no later than the last day of the add/drop period whether or not the student plans to satisfy the substantial writing requirement through the seminar.

      1.) designation of seminar

        a.) For any seminar which the student designates as his or her writing requirement seminar, the paper must meet the greater of the standards for the seminar paper as otherwise specified by the instructor or the substantial writing requirement standards.

        b.) For any seminar which the student designates as not being used to satisfy his or her writing requirement seminar, the paper must meet the standards for the seminar paper as specified by the instructor.

        c.) If a student fails to make a timely designation the student may, with the permission of the instructor, designate the seminar paper as his or her writing requirement paper at any time prior to the submission of the final grades for the seminar to the registrar, provided that the paper meets the substantial writing requirement standards, and the student has not previously designated another seminar paper as his or her substantial writing requirement paper (unless the student has withdrawn from the other seminar in which such designation was made).

      2.) exclusivity

Except as provided in subparagraph (3), the substantial writing requirement may not be satisfied by a paper prepared in connection with law journal, moot court, independent study, or any course other than a seminar.

      3.) designation of alternatives

For any graduating class the limitation to seminar papers as the sole method of satisfying the substantial writing requirement shall be waived if the faculty determines on or before the first day of the add/drop period in the fall semester that fewer than twelve seminars will be offered during the academic year in which the class will graduate. In such a case, for any student who on the basis of enrollment limitation is denied admission to all available seminars for which the student has met any prerequisites, the substantial writing requirement may be satisfied through independent study, preparation of a paper in connection with a class other than a seminar, or faculty supervised writing in connection with either law journal or the national moot court team, provided that no instructor shall supervise more than twenty substantial writing requirement papers in classes other than seminars, through independent study, or supervision of law journal or national moot court team writing.

      4.) effective date

The coordination of the writing requirement with seminar papers as provided in this paragraph (d) shall be effective as of the Fall term, 1990 for the graduating class of 1992.

Pass-fail courses (X C)

In determining the number of hours credited toward the requirement for the J.D. degree:

1. No more than 6 hours of graduate courses outside of the law school, graded on a pass-fail basis, shall be counted.

2. No more than 6 hours of courses in the law school that are offered only on a pass-fail basis shall be counted.

3. No more than 9 of the total number of pass-fail credit hours, whether earned for graduate school courses under (1) or for law school courses offered only on a pass-fail basis under (2), shall be counted.

4. No more than one graduate school course outside the law school, graded on a pass-fail basis, may be credited in any one semester.v

The 9 hours that joint JD/MBA and JD/MPA students are permitted to count toward the JD take the place of the graduate school courses otherwise limited under (1), (3), and (4), but joint program students are still subject to (2). That is, students in joint degree programs may only take up to six pass-fail course credit hours in law school courses and may take no courses outside the law school for credit otherwise than pursuant to the applicable joint degree program.

Evaluation of College of Law Clinic (X D)

The Law Clinic will be evaluated on a yearly basis by the Dean and Associate Dean of the College of Law after consultation with the Faculty and other appropriate groups and individuals. A written report based on this evaluation will be made and will be provided to the Faculty and other interested parties. This yearly evaluation and report will include a determination of whether and to what extent the goals of the clinic are being achieved and a review of these goals to determine whether any change is needed in these goals for the upcoming year

Part-Time Students (XI)

Full-time study (XI A)

Because the study of law at the University of Kentucky is a full-time pursuit, all law students are expected to carry a full academic program (15 semester hours) and to devote their full time to the study of law.

Policy (XI B)

There is no part-time curriculum in the College of Law. Otherwise qualified students may be admitted by the Admissions Committee to take less than a full first year course load only in the following circumstances:

1. with appropriate contingent conditions, one of which will require that the first year course of study be completed in a period not to exceed two academic years; and

2. after the committee has considered all factors special to the situation, including but not limited to:

    a. the policy of the University to provide educational opportunities for U.K. employees;

    b. any extraordinary personal circumstances;

    c. the applicant's ability to provide diversity to the student body.

Reporting (XI C)

At the beginning of each semester, the Associate Dean has agreed to supply a listing of any first year students who were not taking the full load and why; and to update that listing to show first year students who drop more than one course during the semester.