Chapter One: Organization and Faculty Procedures

The voting members of the faculty shall be the tenured and tenure-track teachers, the head Librarian, the Director of the Legal Writing Program, the Director of Clinical Education, and clinical faculty of the rank of associate clinical professor or higher. The Dean, as a member of the faculty, shall not vote as a member of the Primary Unit or Committee thereof when the matter being voted upon is a recommendation concerning the appointment, reappointment, tenure, or promotion of a faculty member. Furthermore, the Director of the Legal Writing Program, the Director of Clinical Education, and associate and full clinical professors, if not tenured or tenure-track teachers, shall not vote on personnel matters.[1]

§1-1-2 Meeting Attendance by Others

Other persons may, in the discretion of the Dean, be invited to attend the general section of faculty meetings, as defined in §1-2-6, but without vote. Such invitations may be issued generally (i.e., to be effective until further notice), or for the academic year, or for some specifically designated meeting.[2]

§1-1-3 Faculty Meeting Attendance

Regular full-time faculty members present in the Boulder area during summers or other terms when they are not actively teaching shall be informed of faculty meetings and shall have the right to attend and vote. Members on leave status or part-time teaching status and members in their last year of service at the Law School who do not actually attend or vote at a faculty meeting shall not be counted for purposes of quorum or for purposes of calculating the number of votes required for a simple or extraordinary majority.[3]

A faculty member who was on leave or not on the faculty during the semester in which a candidate for a faculty position interviewed on campus or held a visiting appointment may recuse himself or herself in writing from any vote on that candidate. A faculty member who so recuses himself or herself shall not be counted for purposes of determining a quorum or the number of votes required for the faculty to act on that candidate.[4]

§1-1-4 Voting on Faculty Committee

Persons who are not voting members of the faculty may be appointed by the Dean as voting members of appropriate faculty committees.[5]

ARTICLE 2: Meetings

§1-2-1 Regular Faculty Meetings

The faculty shall hold two regular meetings during both the fall and spring semesters. The Dean's Office shall schedule these meetings no later than one week after the start of each semester.

§1-2-2 Special Faculty Meetings

Special meetings shall be held upon the request of the Dean or upon the request of five voting members of the faculty.

§1-2-3 Quorum

Three-fifths of the voting members of the faculty on duty shall constitute a quorum for any regular or special meeting; visiting faculty members shall not be counted for this purpose.[6]

§1-2-4 Meeting President

The Dean shall preside at faculty meetings. In the Dean's absence, the Associate Dean shall preside. The presiding officer shall have the right to vote.[7]

§1-2-5 Meeting Agendas

Meetings of the faculty shall be conducted according to a written agenda, copies of which shall be distributed to all voting members within a reasonable time in advance of the meeting. Omission of a matter from the agenda, other than a matter of the type specified in §1-3-1 shall not preclude its consideration at the meeting, but an attempt shall be made to include all important matters in the agenda. A matter shall be included in the agenda at the request of any member of the faculty. Preparation and distribution of the agenda shall be the responsibility of the presiding officer and the Associate Dean.[8]

§1-2-6 Meeting Format

Faculty meetings will normally consist of two parts, a general section in which matters of general interest and concern may be considered, and a special section in which all personnel matters and any other matters, if so designated by the Dean or other presiding officer, may be considered. The agenda will reflect this division, if any, under the headings "general matters" and "special matters." Normally the general section will be scheduled first, with all persons entitled or invited to attend in attendance, and at the conclusion of that section a break will be taken during which all persons in attendance will be excused except those entitled to vote on matters to be considered in the special section.[9]

§1-2-7 Electronic Voting

The faculty may vote by electronic mail without a meeting. However, no vote shall be taken by electronic mail on an appointments, tenure or promotion matter affecting a tenured or tenure-track faculty member, or on an amendment to these rules. If five or more faculty members object to an electronic vote on any matter, that matter shall be taken up at the next regularly scheduled faculty meeting or, if necessary, at a special meeting. (See §1-2-2.) The majority required in an electronic vote is a majority of eligible voters at the time the vote is taken.[10]

ARTICLE 3: Faculty Procedures

§1-3-1 Significant Matters

The guiding principle of these rules is that, in the operation and administration of the Law School, all recommendations, decisions or actions on matters significantly affecting the Law School shall be taken only with the prior approval of the faculty, except as otherwise specifically provided by these rules. Such matters include (but are not limited to) the following:

A. Policies concerning admissions, readmissions, and withdrawal of students;

B. Standards of professional (as opposed to personal) conduct and of academic performance which are to be required of students as a prerequisite either to remaining enrolled or for graduation;

C. Proposals for any change in the curriculum, such as the addition or deletion of courses, or the addition or deletion of credit hours to or from existing courses;

D. Any proposal for the addition of or a change of policy with respect to any institute, project, research organization, or other program associated with or sponsored by the Law School, whether supported by funds from the Law School budget or not;

E. Appointment, promotion, and grant of tenure to faculty members; and

F. Any significant change of policy affecting the Law School, the faculty, the student body, or student organizations.

§1-3-2 Quorum

Except as otherwise provided in these rules, decisions by a simple majority of the members of the faculty present at a meeting at which a quorum is present shall constitute the action of the faculty.

§1-3-3 Amendments

None of these rules shall be amended except by the affirmative vote of two-thirds of the members present at the meeting, but in no event less than a simple majority of the persons entitled to vote under §1-1-3. Waiver of any of the rules of the Law School in their application to a particular case may be made at any regular or special meeting by a simple majority of the members present, provided that:[11]

G. There shall be no waiver of:

i. the quorum requirement of §1-2-3; and

ii. any rule designated as a Faculty Personnel Policy (§1-7-1 et seq.).

H. A rule may be waived by a vote taken during the summer term, but no rule may be amended except at a meeting during the academic year.

I. Nothing herein shall preclude action on waiver by circulated petition after review and recommendation by the Academic and Student Affairs Committee (see §1-4-3).[12]

§1-3-4 Written Proposals

In order to be acted upon at a meeting, any of the following matters must be submitted as a written proposal and a copy thereof distributed to each member of the faculty within a reasonable time in advance of meeting:

A. Any amendment of these rules; and

B. Any proposal with respect to a matter specified in §1-3-1.[13]

While prepared material of the type specified herein will vary with the nature of the proposal, any major proposal should include as detailed information on the change as is possible under the circumstances.

§1-3-5 Faculty Secretary

A Faculty Secretary shall be elected from the faculty for a one-year term at the first regular meeting of each academic year. The Secretary shall keep minutes of all actions of the faculty and shall circulate them to members of the faculty within a reasonable time after each meeting. Such minutes shall include:[14]

A. The agenda of the meeting;

B. Copies of all written proposals and the text of all motions made orally, together with the action taken thereon, if any;

C. Copies of relevant correspondence or similar documents considered at the meeting;

D. A general resume of discussion and announcements made at the meeting; and

E. A record of the persons in attendance.

The Secretary shall also be responsible for keeping a current loose-leaf edition of these rules and such other general policies as the faculty may adopt. These records may include separate notations of prior actions of the faculty in specific cases, waiving or applying these rules, to serve as precedents guiding subsequent decisions of like nature.

§1-3-6 Proxy

When the faculty votes on a motion or faculty appointment, a member who is unable to attend the meeting or must leave before the vote may cast a proxy ballot on the measure. The proxy ballot may be cast either by written statement that clearly identifies the matter at issue and the vote to be recorded, or by written statement authorizing a named member of the faculty to cast a vote on behalf of the absent member, provided that no member may be named on more than one proxy for a particular vote. Statements shall be given to the faculty secretary. Only members on duty (not on leave status) may cast proxy ballots without attending any part of a meeting.[15]

ARTICLE 4: Faculty Committees[16]

§1-4-1 Standing Committees

Standing committees of the faculty shall be Academic and Student Affairs, Admissions and Financial Aid, Appointments, Faculty Evaluation, and Policy, Management, and Budget Committee.

§1-4-2 Special Committees

Special committees may be appointed by the Dean or by vote of the faculty. Each special committee has a fixed or contingent expiration date.

§1-4-3 Academic and Student Affairs Committee

Both Associate Deans sit ex officio. The committee shall:

A. Evaluate and oversee the curriculum.

B. Any faculty member may propose changes, which shall be considered by the committee and reported to the faculty with the committee's recommendation.

i. The committee has authority to add or delete seminars and to change the title of courses or seminars. All other changes shall be made by faculty vote.

ii. By April 1 of each year, the committee shall review and approve or revise the curriculum and teaching assignments proposed by the Dean for the following academic year and submit them to the faculty.

iii. Oversee the Law School's clinics, moot court competitions, and student organizations other than law reviews and journals.

C. Review student petitions for readmission. Each petition with the committee's recommendation and any supporting documents shall be made available for review by members of the faculty and for their vote either to approve or to request a faculty meeting to review the petition. The committee's recommendation shall become the faculty's action unless at least eight members of the faculty request a meeting within ten days after notice of the recommendation. In the latter case, the committee's recommendation shall be placed on the agenda of the next faculty meeting. If the committee's recommendation becomes the faculty's action, a statement of the committee's reasons shall be given to the student when the student is notified of the petition's disposition.

D. Review student petitions requesting waiver of a Law School Rule as applied to a student in a particular case. The committee may decide upon a recommended disposition of the petition, which may include any action or condition that the faculty could impose, and shall attach to the petition a brief written statement of the reasons for its recommendation. The file shall then be submitted to the Dean. If the Dean approves, the committee's resolution shall become final. If the Dean disapproves, the committee's recommendation shall be placed on the agenda for the next faculty meeting. If the committee's recommendation is approved by the Dean or by the faculty, a copy of the committee's reasons shall be given to the student when the student is notified of the petition's disposition. In the alternative, the committee may refer the petition to a meeting of the faculty on its own motion, with or without a recommendation of the committee or of the Dean.

E. Review violations of the Honor Code and consider other cases of student misconduct when referred by the Dean. The committee's actions shall be delegated actions of the faculty, except that recommendations under §2-2-2 or involving expulsion of students shall be referred to the faculty under §2-2-2 or otherwise by the procedures provided in subsections (D) of this rule.

F. Any faculty meeting called to review committee action under subsections (C), (D), or (E) of this rule shall consider only the paper record in the case.

§1-4-4 Admissions and Financial Aid Committee

The committee shall carry out the faculty's policies governing admission to the Law School and financial aid to students, supervise the director of admissions and financial aid, and report at least annually to the faculty on the committee's policies and procedures.

§1-4-5 Appointments Committee

The Dean sits ex officio.

A. The committee shall comprise at least three members of the faculty, one student, and, to the extent necessary to provide adequate representation of women and minorities, the Dean, with consent of the committee, may appoint as many as two additional persons who are not faculty members to serve on the committee. Before appointing any members of the committee, the Dean shall request the faculty to submit recommendations for appointments. The Dean shall choose the student member of the committee after consultation with the faculty members of the committee and the president of the Student Bar Association.

B. The committee shall, with the Dean, implement these rules and Laws of the Regents “Appendix A. Standards, Processes, and Procedures” (known as University Standards, and also explained in the University Faculty Handbook) governing appointment of faculty members.

§1-4-6 Policy, Management, and Budget Committee

The committee shall comprise the chairs of the standing committees, the Associate Deans, the Director of the Law Library, the Directors of the Clinical Programs, and others who may be appointed by the Dean. The committee shall advise on how to use the Law School’s resources most effectively to advance the Law School’s research, service, and teaching missions, both in the short and long term. The Committee shall oversee the Law Library, affiliated centers and institutes, law reviews and journals, conferences, awards, colloquia, lectures, and other scholarly activities. The Dean shall act as the convener of the committee.

§1-4-7 Faculty Evaluation and Peer Review Committee

The committee shall comprise at least five members of the faculty, a majority of whom shall have tenure. The committee shall, with the Dean, implement these rules and University Standards relating to reappointment, tenure, promotion, and peer review of faculty.

ARTICLE 5: Faculty Appointments

§1-5-1 Visiting Appointments

The Dean may appoint adjunct faculty to teach individual courses, and such appointments may be made in successive years without limitation. The Dean may also appoint visiting faculty members for a period of up to one year in order to cover curricular needs and to enrich the intellectual life of the School. If, however, the Dean proposes to appoint a visiting faculty member for longer than one year, or for any period during which the visitor will be considered for a regular appointment to the faculty, the Dean shall first obtain the approval of a majority of the Appointments Committee. The Appointments Committee shall ensure that the faculty is consulted in advance about any such proposed appointment, such consultation to include notice and an opportunity for discussion at a faculty meeting.[17]

§1-5-2 Appointments Other Than Visiting Appointments

A. Early Reporting of Recommendations. The Appointments Committee acting as the evaluation committee, shall, either during the visit of a prospective candidate or as soon thereafter as possible, meet to consider the merits of the candidate and shall make a recommendation with respect to whether or not an offer is to be issued and the general terms thereof, including specific teaching assignments to the extent possible. This recommendation shall be reported to the Dean immediately, and, in due course, to the faculty, for such use as the Dean shall deem appropriate in view of the circumstances and the nature of the recommendation (e.g., if the recommendation is favorable and if during the period of delay before the whole faculty can meet to consider the recommendation there is danger of losing the candidate to another school, the nature of the recommendation, if favorable, should be disclosed to the candidate; this disclosure shall be made in a way as to make clear to the candidate that the recommendation is that of the committee and does not constitute approval of an offer by the faculty).

B. Appointments without Tenure—Favorable Recommendations. Favorable recommendations of appointment without tenure, but for longer than one year, shall be made to the Dean only upon the affirmative vote of at least two-thirds of the eligible voting members of the faculty who vote on the appointment, either in person or by proxy and including votes to abstain, acting as the primary unit. A faculty member who was on leave or not on the faculty during the semester a candidate is interviewed may recuse himself or herself from any vote on that candidate for a faculty position. A faculty member who so recuses himself or herself shall not be counted for purposes of determining a quorum or the number of votes required for the faculty to act on that candidate for a faculty position, but in no event less than a simple majority of the persons entitled to vote under §1-1-3.

C. Appointments with Tenure—Favorable Recommendations. Favorable recommendations of appointment with tenure shall be made to the Dean only upon the affirmative vote of at least two-thirds of the eligible voting members of the faculty (having received the report of the Appointments Committee) who vote on the appointment, either in person or by proxy and including votes to abstain, and also upon the affirmative vote of a majority of all tenured eligible voting members of the faculty (having received the report of the Faculty Evaluation Committee) who shall, on the question of tenure, constitute a committee of the primary unit. A faculty member who was on leave or not on the faculty during the semester a candidate is interviewed may recuse himself or herself from any vote on that candidate for a faculty position. A faculty member who so recuses himself or herself shall not be counted for purposes of determining a quorum or the number of votes required for the faculty to act on that candidate for a faculty position, but in no event less than a simple majority of the persons entitled to vote under §1-1-3.

D. The Faculty may make nonvoting appointments on any terms and conditions.

§1-5-3 Appointments and Faculty Evaluation Committees to be Evaluation Committees

A. The Appointments Committee shall constitute the evaluation committee for considering appointments and shall have the responsibility of initially reviewing the qualifications of all candidates for appointment.

B. For the purpose of assisting those members of the faculty eligible to vote as members of the primary unit or as members of a committee thereof on recommendations concerning appointment, The Appointments Committee shall investigate, evaluate and report its findings in the manner provided in the University Standards, and similarly with regard to recommendations concerning the tenure and/or rank of a candidate being considered for appointment, the Faculty Evaluation Committee shall investigate, evaluate and report its findings.

§1-5-4 Standards for Appointment

A. The terminal degree required for any appointment to the faculty is the LLB or JD, or an equivalent degree in law or a related academic discipline. Ordinarily, a person with previous, though limited law teaching experience or with experience in practice will be initially appointed to the faculty as an Associate Professor without tenure. However, a person who when he or she commences teaching at this School has held the terminal degree for less than four years may be appointed as an Assistant Professor without tenure.

B. In making evaluation of candidates for appointment, the Appointments and Evaluation Committees shall, and those members of the faculty eligible to vote on recommendations concerning the same as members of the primary unit or as members of a committee thereof shall, when voting on such matters, apply those standards and criteria required and/or permitted by the University Standards and the Rules of the Law School.

§1-5-5 Clinical Faculty Appointments[18]

A. Standards for Appointment.

i. All clinical faculty (“Clinical Faculty”) are required to have a terminal degree of JD, LLB, or an equivalent degree in law.

ii. A person who has held the terminal degree for less than four years at the time she or he commences teaching at this School may be appointed as an Assistant Clinical Professor.

iii. A person who has previous clinical law teaching experience or law practice experience and who has held the terminal degree for at least four years at the time she or he commences teaching at this School may be appointed as an Associate Clinical Professor.

iv. A person who has previous clinical law teaching experience of at least six years at the time that she or he commences teaching at this School may be appointed as a Clinical Professor.

B. Terms of Appointment and Eligibility for Reappointment: At-Will Employment.

i. All Clinical Faculty are deemed employees-at-will whose appointments are subject to termination by either party at any time during its term.

ii. No compensation, whether as a buyout of the remaining term of the appointment, as liquidated damages, or as any other form of remuneration, shall be owed or paid to you upon or after termination of such appointment except for compensation that was earned prior to the date of termination.

C. Assistant Clinical Professor.

i. Persons hired as Assistant Clinical Professors will receive an initial appointment term of one year. After her or his first year of service, upon successful evaluation, an Assistant Clinical Professor is eligible for reappointment to one or more terms not to exceed two years in length. However, any reappointment for such additional two-year terms does not change the nature of the clinical faculty member’s at-will employment status, which remains subject to termination by either party at any time during its term.

ii. An Assistant Clinical Professor is eligible for a new appointment at the rank of Associate Clinical Professor only after having completed at least three years of service as an Assistant Clinical Professor. One or more years of credit towards the three-year service period may be allowed on initial appointment for prior university teaching or other comparable experience of such faculty member. Should an Assistant Clinical Professor be granted a new appointment, she or he will assume the rank of Associate Clinical Professor at the beginning of her or his fourth year of service. A case for the new appointment must be reviewed by the dean and the Office of Faculty Affairs.

D. Associate Clinical Professor.

i. In most cases, a person initially hired as Associate Clinical Professors is eligible for appointment to a term not to exceed two years. During her or his second year of service, upon successful evaluation, an Associate Clinical Professor is eligible for reappointment to one or more terms not to exceed three years in length. Persons who are promoted into the position of Associate Clinical Professor will receive an appointment term of three years. However, any reappointment for such additional three-year terms does not change the nature of the clinical faculty member’s at-will employment status, which remains subject to termination by either party at any time during its term.

ii. An Associate Clinical Faculty member is eligible for a new appointment at the rank of Clinical Professor only after having completed at least six years of service as a Clinical Faculty member. One or more years of credit towards the six-year service period may be allowed on initial appointment for prior university teaching or other comparable experience of such faculty member. Should an Associate Clinical Professor be granted a new appointment, she or he will assume the rank of Clinical Professor at the beginning of her or his fourth year of service. A case for the new appointment must be reviewed by the dean and the Office of Faculty Affairs.

E. Clinical Professor. In most cases, a person appointed as a Clinical Professor is eligible for appointment to a term not to exceed four years. Upon successful evaluation, a Clinical Professor is eligible for reappointment to one or more terms not to exceed four years in length. However, any reappointment for such additional four-year terms does not change the nature of the clinical faculty member’s at-will employment status, which remains subject to termination by either party at any time during its term.

F. Standard for Reappointment and Promotion.

i. To qualify for reappointment, a faculty member must be making satisfactory progress towards meeting or exceeding expectations based on the G. Evaluation of Clinical Faculty as defined below.

ii. To be granted a new appointment as an Associate Clinical Professor, a clinical faculty member should have demonstrated success as a clinical teacher.

iii. To be granted a new appointment as a full Clinical Professor, a clinical faculty member must have a record that is, on the whole, excellent and that indicates substantial, significant, and continued growth, development, and accomplishment in the areas of teaching, clinical work, and service.

G. Evaluation of Clinical Faculty. The evaluation will be conducted by the clinical faculty member’s Faculty Evaluation Committee, pursuant to Rules 1-7-3 (b) and 1-7-5 (c). The Faculty Evaluation Committee will be comprised of the Director of Clinical Education, a clinical faculty member of same or senior rank, and a faculty member who is appointed by the Director of Clinical Education. Recommendations for appointments at a higher rank are made by a simple majority vote of the committee. Such recommendations will be reviewed and approved by the dean with the concurrence of the Office of Faculty Affairs. All appointments are subject to the approval of the Chancellor. The Committee will generate a written evaluation of the clinical faculty member that also sets forth the Committee’s recommendation to the Dean on whether to renew the clinical faculty member’s appointment.

The Clinical Faculty Evaluation Committee will conduct its evaluation utilizing the below methods: (Methods are not listed in priority or order of importance.)

i. 75%

a. Class observations by the Director of Clinical Programs or her or his designee and a peer clinical faculty member.

b. Interviews with students and former students (when feasible) about the quality of the experience with the clinical faculty member.

c. The observations and student interviews shall focus on whether the clinical faculty member demonstrates:

(1) Sufficient knowledge of the appropriate subject matter;

(2) Sufficient knowledge of the practical application of the subject matter;

(3) Strong oral communication skills;

(4) Teaching techniques that demonstrate appropriate skills.

d. Review of the syllabus and course materials for soundness and effective pedagogy.

e. The results of Faculty Course Questionnaires (FCQ).

f. The ability to maintain an active and sufficient caseload within the clinic, reflective of the area of the law practiced and that provides service to the university and the public at-large with the goal of giving the students a meaningful experience.

ii. 25%

a. Interviews with other clinical faculty members and clinical staff. These interviews shall focus on whether the clinical faculty member:

(1) Maintains a professional environment

(2) Demonstrates commitment to their clinic

(3) Appropriately and professionally utilizes and supports the clinical staff and faculty

b. Interviews with judges and practicing attorneys. These interviews shall focus on whether the clinical faculty member:

(1) Teaches students adequate skills and professionalism; and

(2) Prepares students for practice in the clinic’s area of law.

c. Participation in Law School and/or University activities that demonstrate a commitment to the vision and mission of the school and its clinical programs.

d. Willingness to serve on law school committees and to provide service to the law school.

e. Willingness to provide service to the profession and professional associations, including community legal education and public service.

f. A faculty member in the first several years of employment must devote most of her or his time to developing as a clinical teacher, thus considerably less emphasis is given to service on initial reappointment, although some service involvement even in the first few years is expected. Considerably more will be expected in the way of institutional, professional, and public service for promotion to full professor. However, absence of extensive professional and public service will not be a bar to promotion where there is demonstrated excellence in teaching and clinical work.

iii. Each criterion will be evaluated on the following scale:

Ÿ Far Exceeds Expectations

Ÿ Exceeds Normal Expectations

Ÿ Meets Normal Expectations

Ÿ Below Expectations

Ÿ Unsatisfactory

ARTICLE 6: Repealed 11/20/78

ARTICLE 7: Faculty Evaluation: Reappointment, Tenure, and Promotion

§1-7-1 University and Law School Rules Governing Reappointment, Tenure and Promotion

A. The rules, standards, and procedures for making decisions and recommendations concerning the reappointment, continuous tenure, and promotion of a faculty member shall be those mandated by the Board of Regents. The particular statement of University Rule of the Regents, “Standards, Processes, and Procedures” in reference to which the Rules of the Law School are adopted may thereafter be amended.[19]

B. The University Standards require that the following rules are in this article: (1) not be inconsistent with the University Standards; (2) be approved by the Chief Academic Officer of the Boulder campus; (3) be approved by the "primary unit" (i.e., the faculty of the Law School); and (4) be made available in writing to the candidate being evaluated, as well as to all other persons involved in the candidate's evaluation.

C. For the purpose of the University Standards, the Law School constitutes itself as a Department of Law within the School. The Primary Unit of such department shall be coextensive with the faculty of the Law School as defined in §1-1-1 hereof. The Dean or his designee shall serve as head of the Primary Unit, without vote, and chair the meetings of the Primary Unit, provided, however, the Dean shall not serve on the evaluation committee and shall not participate as a member of the faculty when the faculty considers recommendations of the evaluation committee.[20]

D. The Faculty Evaluation Committee shall constitute the "evaluation committee" for considering the reappointment, tenure and/or promotion of faculty members and shall have the responsibility of initially reviewing the qualifications of all faculty candidates for reappointment, continuous tenure, and promotion, except that:

i. when considering reappointments, only those members of the committee who are senior in rank or length of service (on the Law School Faculty) to the candidate being considered and such other members of the faculty as may be appointed by the Dean on an ad hoc or on a standing basis who are also senior shall constitute the committee;

ii. when evaluating a candidate for continuous tenure, only those tenured members of the committee and such other tenured members of the faculty as the Dean may appoint on an ad hoc or on a standing basis shall constitute the committee; and

iii. when evaluating a candidate for promotion, only those members of the committee who hold a rank senior to the candidate and such other members of the faculty holding a rank senior to the candidate as the Dean may appoint on an ad hoc or standing basis shall constitute the committee.

E. For the purpose of assisting those members of the faculty eligible to vote as members of the primary unit or as members of a committee thereof on recommendations concerning reappointment, tenure, or promotion, the Evaluation Committee shall investigate, evaluate, and report its findings in the manner required by the University Standards.

§1-7-2 General Standards for Evaluation

In making evaluation of candidates for appointment, reappointment, tenure, and/or promotion, the evaluation committee shall, and those members of the faculty eligible to vote on recommendations concerning the same as members of the primary unit or as members of a committee thereof shall, when voting on such matters, apply those standards and criteria required and/or permitted by the University Standards and by the Rules of the Law School. The judgment of sufficiency and quality of work will be made by vote of the faculty in accordance with these Rules.

§1-7-3 Reappointments

A. To qualify for reappointment, a faculty member must be making normal progress toward meeting or exceeding tenure expectations.

B. The Faculty Evaluation Committee shall undertake the investigation and evaluation of the faculty member. The committee, having completed its work, shall vote on whether the faculty member should be reappointed. An affirmative or negative vote of the committee shall be considered a recommendation to the faculty, but the issue of reappointment shall be brought to the faculty in all cases. When deciding on reappointment, all members of the faculty senior in rank or service to the candidate shall be eligible to vote and a majority of those faculty members eligible to vote shall be required for reappointment. Upon such an affirmative vote, the faculty, acting as the primary unit, may recommend to the Dean that the faculty member be reappointed.

C. Program requirements expected to be taken into account when reappointment decisions are made will be those specified in the letter of appointment.

§1-7-4 Tenure

A. Tenure is awarded only to faculty members with demonstrated meritorious performance in each of the three areas of teaching, research and creative work, and service, and demonstrated excellence in either teaching or research and creative work.

B. Favorable recommendations for continuous tenure of a faculty member shall be made to the Dean only upon the affirmative vote of a majority of all tenured members of the faculty eligible to vote, acting as a committee of the primary unit.

§1-7-5 Promotion

A. To be promoted to Associate Professor, a faculty member should have a promising research agenda and a demonstrated ability to be a successful teacher.

B. To be promoted to full professor, a faculty member must have a record that is, on the whole, excellent and that indicates substantial, significant, and continued growth, development, and accomplishment in all three areas of teaching, research and creative work, and service.

C. A favorable recommendation for promotion shall be made to the Dean only upon an affirmative vote of a majority of all eligible voting members of the faculty senior in rank to the candidate, acting as a committee of the primary unit.

§1-7-6 Non-Favorable Recommendations

Once consideration of the reappointment, tenure or promotion of a candidate has been undertaken and finally voted upon by those members of the primary unit or as a member of a committee thereof, any final vote which fails to result in a favorable recommendation shall constitute a recommendation against such reappointment, tenure or promotion and shall be so transmitted as the recommendation of the primary unit to the Dean.

§1-7-7 Reviews of Favorable and Non-Favorable Recommendations

The first (decanal), second (campus) and third (university) levels of review shall be made in accord with the Laws of the Regents and University Standards and in full recognition of the candidate’s prerogatives set out in the University Standards. These prerogatives include the right to appeal to the Privilege and Tenure Committee if the candidate feels that the procedures described in the University Standards have not been observed at any stage of the recommending or review process.[21]

§1-7-8 Request for Consideration

Any member of the tenure-track faculty may request consideration for promotion or tenure under these Rules by notifying the Dean of his or her desire. After consultation with such faculty member, the Dean shall advise the evaluation committee of the request of the faculty member, and the evaluation committee shall conduct an evaluation in accordance with these rules.[22]

ARTICLE 8: Miscellaneous Faculty Personnel Policies

§1-8-1 Salary

The Dean shall meet privately with each faculty member to indicate and explain any recommendations made for annual salary increases. The faculty member concerned shall be given the opportunity to comment on, and to present evidence challenging, the propriety of the recommendation. If possible, such salary discussions shall take place before any recommendation is made to the University administration. Otherwise, they shall occur as soon as is practical thereafter.[23]

CHAPTER TWO: Admission, Transfer, Continuation, and Readmission Requirements

ARTICLE 1: Requirements for Admission to the Law School

§2-1-1 General Policy

The Law School grants admission to those individuals who have received a baccalaureate degree from a regionally accredited institution, show intellectual promise, and give evidence of high moral and ethical standards. The admissions program and the specific admission decision on each individual applicant is committed to the Admissions Committee of the faculty and to the Assistant Dean for Admissions and Financial Aid, operating in accordance with the general policies established in this Article, and guided by numerical enrollment objectives approved by the faculty. The general admission requirements for each category of student applying are described in the following sections.

Diversity in the Student Body. The intellectual ability to succeed in law school and as a lawyer shall be the primary criterion for admission. The educational program of the School is strengthened through the admissions process, not only by requiring high intellectual, academic, and motivational qualifications of the members of the student body as a whole, but also by obtaining a diversity of backgrounds, experiences, and viewpoints among the students which will contribute to vigorous student participation and interaction in the formulation, analysis, and evaluation of legal principles and the relation of these principles to changing institutional, economic, and social conditions and concerns.

Therefore, in addition to the numerical indicators, the Admissions Committee shall take into account in the admissions process the needs of the School for such diversity, subject to such guidance as the faculty may from time to time provide.[24]

§2-1-2 Students without Previous Law Study

Students who have not previously attended law school shall:

A. Possess high moral and ethical character and above average personal qualifications as evidenced by the information given on application forms and letters of evaluation.

B. Present transcripts from each college attended showing award of a baccalaureate degree and evidence of successful completion of at least 90 semester credit hours or 135 quarter credit hours, exclusive of credit hours earned in non-theory courses such as hygiene, domestic arts, physical education, vocal or instrumental music, and ROTC, and exclusive of work taken by correspondence. Otherwise, qualified applicants currently enrolled in a college or university may be accepted during their senior year for admission in the following fall on condition that they actually receive a baccalaureate degree prior to enrollment.

C. Present an acceptable undergraduate grade average as computed from all transcripts filed.

D. Present an acceptable score on the Law School Admission Test administered by Educational Testing Service, Princeton, New Jersey.

E. Indicate a willingness to subscribe to the student administered Honor Code.

§2-1-3 Transfer Students

Students transferring from other law schools shall:

A. Meet all standards set forth above for students who have not previously attended law school.

B. Present final transcripts reflecting all law school work undertaken. The cumulative grade point average reflected by such transcripts must be sufficiently high to indicate probable success at the Law School. Space limitations on total law school enrollment make it impossible to state an exact average that will be deemed acceptable in the future, but it ordinarily will be substantially above 2.3.[25]

C. Present a letter from the dean of each law school previously attended, stating that the student is in good standing and is eligible to continue at that institution without qualification.

D. Have previously attended law schools that are members of the Association of American Law Schools, or on the list of fully approved law schools of the American Bar Association. Applicants who have attended law schools not in either of these categories must meet all requirements for transfer students but may be admitted only to the entering class.[26]

§2-1-4 Repealed

§2-1-5 Part-Time Students (Degree Candidates)

Degree candidates, whether entering law school for the first time or as a transfer from another law school, who do not intend to carry a normal academic load in the Law School are admitted only under the following conditions:

A. The applicant meets all the standards applicable for a full-time student, either entering or transfer.

B. The applicant is exceptionally well qualified and presents persuasive reasons for pursuing a part-time program, which will lead to his or her graduation in four calendar years.

C. The admission of the applicant will not result in denial of admission due to lack of space to any qualified full-time applicant.

§2-1-6 Special Students and Non-Degree Candidates

A. A limited number of graduate students from other areas of the University and other persons at least twenty-three years of age, who do not satisfy all of the admission requirements but who are qualified to pursue special work within the policy of the Association of American Law Schools or the American Bar Association, may be admitted to certain courses as special students, though not as candidates for a law degree, upon the approval of the Dean's Office and the instructor in each course involved, provided that there is room therein without displacing a regularly admitted student.

B. During the summer session, law students in good standing in other law schools which are members of the Association of American Law Schools or on the approved list of the American Bar Association may enroll as non-degree students upon filing a summer school application and a letter of good standing from the dean of the law school in which the student has been enrolled. If the student intends to transfer to Colorado Law School and to receive credit for the summer work toward a Colorado Law degree, he or she must apply as a regular transfer student under §2-1-3. If final acceptance as a transfer is not granted until after enrollment in the summer session, he or she may receive credit toward graduation for summer work in the discretion of the Dean's Office.

§2-1-7 International Students[27]

All international applicants are required to meet a minimum standard of English proficiency. The Test of English as a Foreign Language (TOEFL) is required, and a minimum score of 600/250*must be achieved. An applicant may petition, in writing, to have this requirement waived if English is the applicant’s native language, or if the applicant has satisfactorily completed, at the time of application, at least two years of full-time academic study at an accredited institution of higher education, where English was the instructional language. Petitions to waive the TOEFL requirement may be directed to the Assistant Dean of Admissions who will determine waiver on a case-by-case basis. International students normally are admitted as special students under the provisions of §2-1-6(A) above, even though the age requirements thereof are not met. Upon a showing of qualifications which demonstrate a readiness and ability to study as a degree candidate and a planned program of the required length to secure a degree, an international student may be admitted as a regular degree candidate through the provisions of §2-1-2, even though the requirements for regular admission are not fully met.

§2-1-8 Waiver of Requirements

In exceptional circumstances, the Dean and the members of the Committee on Admissions, after consultation, may waive any of the above requirements, provided that no individual shall be admitted in violation of the standards of the American Bar Association or the Association of American Law Schools.

ARTICLE 2: Eligibility to Continue in the Law School and Readmission

§2-2-1 Seventy-Two Rule (for students matriculating before the Fall 2010 semester)[28]

Any student whose cumulative numerical average is below 72 at the end of any semester shall be excluded at the end of his or her first semester (not summer term) of law school attendance thereafter, unless by such latter time he or she has brought his or her cumulative average to 72, except as hereinafter provided:

A. Any student whose cumulative numerical average at the end of his or her first full semester of law school attendance is below 67 shall not be eligible to continue.

B. Any student whose semester average for the second semester of law school attendance is 72 or above shall be eligible to continue for a third semester, although his or her cumulative average is below 72.

C. A student permitted to remain for a third semester under subsection (B) above shall be eligible to continue for a fourth semester if his or her semester grade average in the third semester, carrying a normal load, is as much above 72 as his or her cumulative average after the second semester is below 72. A student failing to reach a 72 cumulative average at the end of his or her fourth semester under these rules—(A), (B) and (C) of this rule—shall not be eligible to continue.

D. Examples (Assuming an equal number of credit hours in each semester):

i. Average for first semester—66; not eligible to continue;

ii. Average for first semester—69; average for second semester—71 (cumulative average—70); not eligible to continue;

iii. Average for first semester—67, average for second semester—72 (cumulative average—69.5); eligible to continue for a third semester under (B);

iv. If the student in example (iii) earns an average of 74.5 in his or her third semester, he or she would be eligible to continue for a fourth semester under (C) (74.5 - 72 = 2.5 = 72 - 69.5). His or her cumulative average at these minimums would be 71.6 at the end of the third semester, and an average of 74.5 for the fourth semester would be required to raise his or her cumulative average to 72.[29]

§2-2-1a Satisfactory Progress Rule (for students matriculating in the Fall 2010 semester or later)[30]

Any student whose cumulative numerical average is below 2.0 at the end of any semester shall be excluded at the end of his or her first semester (not summer term) of law school attendance thereafter, unless by such latter time he or she has brought his or her cumulative average to 2.0, except as hereinafter provided:

A. Any student whose cumulative numerical average at the end of his or her first full semester of law school attendance is below 1.7 shall not be eligible to continue.

B. Any student whose semester average for the second semester of law school attendance is 2.0 or above shall be eligible to continue for a third semester, although his or her cumulative average is below 2.0.

C. A student permitted to remain for a third semester under subsection (B) above shall be eligible to continue for a fourth semester if his or her semester grade average in the third semester, carrying a normal load, is as much above 2.0 as his or her cumulative average after the second semester is below 2.0. A student failing to reach a 2.0 cumulative average at the end of his or her fourth semester under these rules – (A), (B), and (C) of this rule – shall not be eligible to continue.

D. Examples (Assuming an equal number of credit hours in each semester):

i. Average for first semester – lower than 1.7; not eligible to continue;

ii. Average for first semester – 1.8; average for second semester – 1.9; not eligible to continue;

iii. Average for first semester – 1.8; average for second semester – 2.1; eligible to continue for a third semester under (B);

iv. If the student in example (iii) earns an average of 2.05 in his or her third semester, he or she would be eligible to continue for a fourth semester under (C).

§2-2-2 Disciplinary Proceedings[31]

A. Review Proceedings. Proceedings to discipline a student based on alleged violations of the Honor Code shall be initiated under that Code. If the Dean disagrees with the Honor Council report that concludes an Honor Code proceeding, or if the report recommends that the student-respondent be expelled or suspended for longer than one semester, the matter shall be referred for review under this rule to the Faculty Review Committee, a subcommittee of the Faculty Academic and Student Affairs Committee. For purposes of review proceedings, rules violations are defined in the Honor Code.

B. Original Proceedings. Proceedings to discipline a student for conduct not covered by the Honor Code shall be initiated under this rule. Written notice of alleged violations shall be delivered to the student-respondent at least 10 days before any hearing on the charge.

C. Violations. For purposes of original proceedings, the following conduct shall be violations of the Law School Rules only when the conduct is not a violation of the Honor Code. No student, whether or not currently enrolled in the Law School, shall knowingly or recklessly engage in or attempt to engage in any of the following conduct:

i. Providing materially false or misleading information to the Law School in connection with the student’s admission to the Law School;

ii. Changing, altering, falsifying, or tampering with an official or unofficial copy of a student transcript in any way that misrepresents the information contained therein;

iii. Making any other material misrepresentation to the University, the Law School, or prospective employers as to any matter not covered by the Honor Code;

iv. Injuring or obstructing the operation of the Law School in any of its academic or related functions;

v. Injuring or obstructing the academic performance of his or her fellow law students.

D. Penalties. A student found to have violated the Honor Code is subject to the penalties provided in the Code. A student found to have violated the rules stated in subsection (C) may be expelled, suspended indefinitely or for a definite period, or refused permission to re-enroll, or may be subject to such lesser penalty or conditions, including suspension or letter of reprimand, as the Review Committee or the faculty shall impose. The presumed penalty for violation of paragraph (C.ii) is expulsion.

E. Review Committee Hearing. Upon referral by the Dean, the Review Committee shall hear both original and review proceedings brought under this rule. The Review Committee shall conduct a hearing at which the respondent shall have the rights to appear in person, to be represented by counsel, and to present argument. Review proceedings shall be based on the Honor Council record, except that the Review Committee, for good cause, may elect to receive additional evidence or to rehear any or all of the case de novo pursuant to the standard stated in the Honor Code. In original proceedings, and in any review proceeding matter that the Review Committee hears de novo, the respondent shall have the rights to present evidence and to confront and cross-examine accusers. If a faculty member is an accuser in the case, that member shall not participate as a member of the Review Committee or as a member of the faculty reviewing the decision of the Review Committee. A respondent shall not be represented by a member of the faculty.

F. Law School Representative. In review proceedings, the CU Representative who conducted the proceeding before the Honor Council that is under review shall present evidence and argument against the respondent. In original proceedings, an Assistant or Associate Dean designated by the Dean shall present evidence and argument against the respondent. The Dean may appoint a different person to perform these functions. Whoever presents evidence against the respondent shall not have any other role in the case.

G. Burden of Proof. In original proceedings, the Law School shall have the burden of proof, and a violation shall be found only upon clear and convincing evidence. In review proceedings, matters heard on new evidence or reviewed de novo are subject to the same burden of proof as in original proceedings. Otherwise, the findings of fact and proposed sanction by the Honor Council shall be affirmed unless clearly erroneous.

H. Decision and Report. After reaching its decision, the Review Committee shall prepare a written report setting forth its findings and, if a violation is found or affirmed, its recommended sanction. The report shall be delivered to the respondent and to the Dean. In a review proceeding, the Honor Code governs the Dean’s actions on the report. In an original proceeding, a Review Committee decision that no violation occurred is not subject to further review. When the Review Committee finds a violation and recommends a sanction, the Dean shall affirm or reduce the sanction recommended by the Review Committee.

I. Faculty Review. Upon the Dean’s final action in either an original or review proceeding heard by the Review Committee, a sanction approved by the Dean is subject to review by the faculty under the following procedures:

i. The respondent shall have 10 days after receiving the report of the Dean’s action approving the sanction to file a written reply to the decision. The Dean may extend this limit for good cause.

ii. After the respondent’s reply has been received or the ten-day period has expired, the Dean shall place all documents and other materials of record in the case in a file for review by the faculty. The faculty shall be notified of the proceedings and of the file prepared for their review.

iii. The faculty shall have ten calendar days to review the file. If during this ten-day period, a majority of the voting members on duty vote to review the sanction, by email or paper ballot, the Dean shall call a meeting for this purpose. At the meeting, the faculty shall consider only the record and shall have authority to increase or reduce the sanction imposed. A written report of the faculty’s action shall be prepared and delivered to the respondent.

§2-2-3 Disclosure to Bar Examiners

Conduct of any student which casts doubt upon his or her eligibility for admission to the practice of law, whether or not such conduct relates to the Law School or any of its functions, and whether or not any hearing under §2-2-2 has been held, may be disclosed by the Dean or a member of the faculty to the bar examiners of this state or of any other state in which the student may later seek admission to the bar.

§2-2-4 Petitions for Readmission

Any student excluded under §2-2-1, §2-2-1a, or §2-2-2 or under the provisions of the Honor Code may petition the faculty in writing, at any time, for readmission. Such petition shall explain the student's reasons for his or her belief that he or she can complete the course of study in the Law School satisfactorily.

A. Petitions from students excluded under §2-2-1 may be granted, in the discretion of the faculty, when the faculty determines that, if readmitted, there is a substantial probability that the student will be successful in raising his or her cumulative average to the required 72 (2.0 for students who matriculate in the Fall 2010 semester or later) by the end of the following semester and will be able to maintain such minimum average thereafter.[32]

B. Petitions from students expelled under §2-2-2 or under the Honor Code may be granted only under highly exceptional circumstances. Petitions from students who received lesser sanctions may be granted in the faculty’s discretion.

C. The faculty may attach any terms or conditions to a readmission granted hereunder as it may determine to be appropriate to the individual case.

§2-2-5 Reapplication and Reenrollment Procedures for Petitioners

Students readmitted under §2-2-4 and students seeking to reenroll or be readmitted after withdrawal under §2-2-7 must comply with such reapplication or reenrollment procedures and deadlines as may from time to time be imposed by the Admissions Committee, and in particular, if they have undertaken college, university or law school work elsewhere must submit transcripts evidencing the nature of the work done at each institution attended since leaving Colorado Law.

§2-2-6 Definitions for Withdrawn Students

For purposes of administration of §2-2-7 the following definitions apply:

A. Subject to compliance with procedures under §2-2-5:

i. Reenrollment means registration in normal course, including preregistration, if any, on a basis as much as possible like that of students whose law school attendance has not been interrupted;

ii. Reapplication means the filing of such additional, supplementary or replacement information as the Admissions Office may require in order to determine whether the applicant should be readmitted; normally documents submitted with the original application will be retained on file. A student required to make reapplication shall not be entitled to register or preregister until receipt of a new permit to register.

B. Withdrawal means,

i. In the case of students whose studies are interrupted during the course of a regular semester or summer session for which they are registered, either:

a. formal termination of law school attendance in that term by notice to the Registrar of the Law School; such termination shall be effective from the date of such notice but, for purposes of readmission, shall be deemed to have occurred on the last day before the beginning of final examinations for that term; or

b. de facto termination of law school attendance by failure to take any of the final examinations in courses for which the student is registered in that term; such termination shall be effective from the date of the last regularly scheduled final examination for that term. With respect to students who have been in bona fide attendance and who are prevented from taking examinations by a genuine emergency, nothing herein shall preclude the making of special arrangements for late examinations as otherwise provided by these rules; provided, that failure to make such arrangements before the first day of classes of the next succeeding semester or summer term shall constitute a withdrawal within the meaning of this provision.

ii. In the case of students who have completed the last semester for which they were registered but who do not register in the next regular (fall or spring but not summer) term for which they would normally enroll, either

a. formal termination by notice to the Registrar of the Law School, which shall be effective from the date of such notice; or

b. de facto termination, if no advance notice is given, in which case withdrawal shall be deemed to have occurred on the last day of permissible late registration for the succeeding term.

iii. Students receiving financial aid, who withdraw and whose eligibility for reenrollment or readmission is determined by these rules, shall in no event be entitled to such aid, in the term in which they withdraw, beyond the date on which their bona fide law school attendance and law studies have terminated. Such termination shall be administratively determined on the individual facts of each case. Eligibility to reenroll or be readmitted under these rules shall not operate as any guarantee of continued or renewed financial aid when attendance resumes.

C. A withdrawal shall be deemed involuntary if it is caused by illness, accidental injury, radically altered family circumstances, or similar reasons beyond the student's control. All other withdrawals shall be deemed voluntary, including withdrawal for financial reasons unless the circumstances causing financial distress were not foreseeable. The burden shall be upon the withdrawing student to establish the involuntariness of the interruption of his or her studies.

§2-2-7 Return of Withdrawn Students

Students who withdraw from the Law School while eligible to continue under §2-2-1 or §2-2-1a and who were not excluded under §2-2-2 may continue or be readmitted according to the following provisions:

A. Second- and third-year students whose withdrawal is involuntary:

i. shall be eligible to reenroll in the next following regular (fall or spring) semester, without application for readmission; if withdrawal occurs between regular semesters such reenrollment may occur in the second following semester

ii. must reapply for admission for any later semester, but such applications shall normally be approved if received within 18 months of the date of withdrawal

B. Second- and third-year students whose withdrawal is voluntary:

i. must reapply for admission

ii. shall normally be readmitted so as to resume their attendance within one year from the date of withdrawal (or, if the withdrawal occurs between regular semesters, to resume not later than the next regular semester commencing after the expiration of one year from the date of withdrawal);

iii. shall have their applications for readmission beyond the period provided in (ii) considered in light of the admission credentials of the class with which, if they are readmitted, they would graduate in normal course.

C. Withdrawals by first-year students shall be subject to the same provisions as in subsections (A) and (B) above, except that:

i. students who withdraw voluntarily during the first (fall) semester must reapply for readmission, may only be readmitted to resume in a subsequent fall semester, and shall receive no readmission preference. Students withdrawing involuntarily during the fall semester must reapply for admission, may not be readmitted except to resume in a subsequent fall semester, and shall receive admission preference only for the next regularly scheduled fall semester

ii. students who withdraw after completing the fall semester but before beginning on the second (spring) semester, must reapply for admission, shall normally be expected to wait until the next spring semester to resume their studies, and shall receive admission preference only in the next regularly scheduled spring semester. The same rule shall apply to students who withdraw during the spring semester, whether voluntarily or involuntarily, except that students so withdrawing for the purpose of acquiring resident status shall be given admission preference when they achieve such status, if they resume their law studies within two years of the date of withdrawal.

D. Notwithstanding any other provision of this §2-2-7, any student currently enrolled in courses in the Law School and in good standing who withdraws from school and is unable to continue because of military service, or alternative service in satisfaction thereof, whether compulsory or voluntary, or VISTA or Peace Corps service, shall be entitled to reenroll in the Law School without complying with the provisions of subsection (A) of this rule, under the following conditions:

i. Notice of the student's intention to invoke the provisions of this rule is given to the Dean's Office in writing at the time of withdrawal;

ii. The student reenrolls under the provision of this rule at the first practicable opportunity after he or she has completed his or her initial service commitment;

iii. The student files an amended "Supplement to Law School Admissions Application" which is found to be acceptable under the criteria then prevailing as to matters involving personal conduct;

iv. The student shall be subject to the same graduation requirements then applicable to other students currently enrolled in Law School who have completed substantially the same level of law school work which the student had completed prior to his or her withdrawal, except that the Dean may waive any one or more such requirements if compliance with any requirement would impose an undue hardship on the student and the requirement or its equivalent was not applicable to the members of the class with which the student would normally have graduated had he or she not withdrawn from Law School.

E. For purposes of this rule:

i. The provisions of subsections (A), (B), and (C) of this rule shall apply to students withdrawing after May 1, 1971. Students who have withdrawn before that date shall be readmitted in accordance with readmission policies heretofore in effect, except that:

a. any application for readmission may be denied if, in the opinion of the Admissions Committee, there is a substantial probability that the applicant will not be able to fulfill the graduation requirements of the Law School in due course; for this purpose intervening changes in admissions credentials, the student's prior performance in Law School, his or her intervening experience, and any other relevant criteria may be considered;

b. applicants whose law studies were interrupted for a period of more than three years (from date of withdrawal to receipt of application for readmission) and who are eligible under subsection (D), shall be eligible for readmission only as provided in subsection (B)(iii).

ii. Applicants for readmission, regardless of the date of their withdrawal, who wish to begin their law studies completely over again, shall be treated on an equal footing with applicants for admission to the first-year class which, if admitted, they would enter, except that their prior performance in law school shall be considered as a relevant admissions criterion; students admitted on this basis and who repeat courses shall be given credit according to a weighted average for prior performance in the course, counting new grades as double the weight of the old. Students eligible to return under subsection (D) who wish to begin over again shall be subject to the same rule on credit for courses repeated.

F. Students shall normally be expected to withdraw by completion of an appropriate form, to be provided by and deposited with the Registrar of the Law School. At the time of withdrawal, a student shall be provided with a current copy of this article, but failure to do so shall not render any of these provisions inoperative.

CHAPTER THREE: Graduation Requirements, Curriculum, Administration of Courses, and Student Records

ARTICLE 1: Requirements for Graduation

§3-1-1 Requirements for Graduation[33] (For students who matriculate Fall 2009 semester or later)[34]

A. Completion of 89 credit hours with a numerical average of 72 (2.0 for students who matriculate in the Fall 2010 semester or later) or better, provided that at least 45 credit hours shall be earned for work done at this law school, and a student who is not in residence at this law school during the last two semesters of study shall earn at least 60 credit hours at this law school.

B. Completion of all required courses, except when completion of a particular course or courses is waived as otherwise provided in these rules. The required courses in effect for the year in which a student is first enrolled shall normally govern the requirements for the student’s graduation. Requirements for returning students whose legal education has been interrupted shall be determined by the Dean in consultation with the Academic and Student Affairs Committee in the event that changes have been made in the list of required courses.

C. [ENACTED 5/1/2009 BUT NOT IMPLEMENTED] Completion of at least two substantial faculty-supervised and graded writing exercises in upper division classes. All students shall complete a seminar, as described in subsection D. below. The paper prepared for the seminar shall count as one writing exercise for the purpose of this rule.

The second required writing exercise may be fulfilled by completing: an additional seminar; an independent legal research course (see Rule §3-2-6); the writing exercise in an upper division course covered under Miscellaneous Rule 31, provided the instructor certifies that the writing exercise satisfies the requirement of this Rule; or a clinical course designated as a writing course by the Director of Clinical Programs.

D. Completion of one seminar in which substantial legal research and writing are required. Seminars in which written problem solutions or similar written work is required shall qualify as seminars if the total written work required is equivalent in quantity and quality to a substantial research paper. All papers submitted in a seminar shall be subjected to thorough and individual criticism by the faculty member in charge of the seminar and, save in extremely exceptional cases, shall thereafter be rewritten before being submitted for a grade.

E. Completion of the course of study for the Juris Doctor degree no earlier than 27 months and no later than 84 months after a student has commenced law study at this law school or a law school from which this school has accepted transfer credit.

F. Satisfaction of any conditions imposed at the time of admission.

§3-1-2 Special Students

No special student may be awarded a degree.

§3-1-3 Juris Doctor Degree

Satisfactory completion of all requirements leads to the degree Juris Doctor (JD).

ARTICLE 2: Curriculum

§3-2-1 Designation of Courses

The curriculum of the Law School shall consist of courses, seminars, and other academic programs or activities designated by the Dean and approved by the faculty. Sufficient courses shall be offered each year to make it possible for any regular student to complete the normal course in 6 semesters. The faculty may approve, for inclusion in the law school curriculum, courses taught by law faculty in other schools in the University. All courses, so far as practicable, shall be listed in the Bulletin of the Law School for the year in which such courses are offered. The Dean and faculty, however, reserve the right to change courses, schedules, or instructors whenever in their judgment it seems advisable to do so.[35]

§3-2-2 Curriculum Changes; Procedures

Changes in the curriculum, including new courses, new seminars, combinations of existing courses, changes in the credit hours for a course and the like, may be proposed by any member of the faculty or by the Dean. Proposals shall be made in writing, addressed to the Curriculum Committee, and supported by such data or reasons as are appropriate to the proposal. In the case of new courses or seminars, the proposal should be supported by an outline of the subject matter to be covered. The Curriculum Committee may take final action on proposals for new seminars and on such minor administrative matters as changes in course titles. All other proposed changes shall be studied by the Curriculum Committee and then submitted as expeditiously as practicable, with the recommendation of the Committee, for decision by the faculty.[36]

§3-2-3 Required Courses

Required courses shall be:[37]

Ÿ Appellate Court Advocacy (2 credit hours)

Ÿ Civil Procedure (4 credit hours)

Ÿ Constitutional Law (4 credit hours)

Ÿ Contracts (4 credit hours)

Ÿ Criminal Law (4 credit hours)

Ÿ Evidence (3 credit hours)

Ÿ Legal Ethics and Professionalism (3 credit hours)^{^[38]}

Ÿ Legal Writing (2 credit hours)

Ÿ Legislation and Regulation (3 credit hours)[39]

Ÿ Property (4 credit hours)

Ÿ Torts (3 credit hours)

Ÿ Seminar (2 or 3 credit hours)

§3-2-4 Seminars; Limited Enrollment Courses; Minimum Enrollment

Only those courses qualifying as research and writing seminars under §3-1-1(C) shall be designated as seminars. Students who have registered for a seminar at spring registration (or added it later) may not drop the seminar (whether a fall or following spring seminar) without special permission from the Dean’s Office and the instructor. Courses not qualifying as research and writing seminars but in which the faculty member in charge wishes to restrict enrollment may be offered with the approval of the Curriculum Committee and the Dean. Any faculty member wishing to offer such a course shall submit a request to the Curriculum Committee, indicating the reasons to restrict enrollment. If a course other than a seminar or a clinic has an enrollment of fewer than six students after the first two scheduled meetings of the course, that course shall automatically be cancelled. If a seminar has an enrollment of fewer than three students at the end of the first week of classes, that seminar shall be automatically cancelled. The Associate Dean may waive the obligation of this rule under extraordinary circumstances.[40]

§3-2-5 Rescheduling of Seminars

In order to allow sufficient time for research, critique, reporting and rewriting, seminars may be rescheduled as follows:

A. Seminars offered and to be completed within the span of a single semester may be rescheduled by the faculty member in charge so as to fit the requirements of the projects undertaken. For example, the instructor may choose to hold one or more organizational meetings at the beginning of the semester but defer meetings until after an adequate opportunity for research, and may then hold double sessions for purposes of reporting, discussion, or critique. Such rescheduling shall be coordinated as to time and place of meeting with the Dean's Office.

B. Seminars intended to span more than 1 semester (either fall-spring or spring-fall) may be offered with the approval of the Curriculum Committee and the Dean. The faculty member in charge shall indicate the proposed schedule in the request for approval. If approval is granted, the faculty member shall coordinate registration procedures and time and place of meeting with the Dean's Office.

C. Whether or not such rescheduling occurs, meetings totaling approximately 28 credit hours will normally be held in seminars offered for 2 credit hours.

§3-2-6 Independent Legal Research Credit[41]

Up to three Legal Research credit hours may be earned by a student in or after the fifth semester in Law School through pursuit of a research interest not otherwise open because a seminar is not offered in that subject, or where the student is prevented from taking a seminar in that subject by size limitations on seminar enrollment, or where the student already took the relevant seminar and provides the seminar paper to the faculty member who will supervise the student’s independent legal research,[42] under the following conditions:

A. The student desiring credit must, before enrolling for it, secure the consent of a faculty member willing to supervise the project; consent shall be obtained in writing, on a form furnished by the Registrar's Office that includes a detailed description of the research paper. One copy of the completed form will be delivered to the faculty member who will supervise the project, one copy will be filed in the Dean’s Office, and one copy will be given to the Registrar.

B. In order to qualify for Independent Legal Research credits the student must produce a research paper at least equivalent to a seminar research paper, and as in the case of seminar papers the normal expectation is that a draft will be submitted, subjected to thorough critique by the faculty member supervising the project, and redrafted. Further redrafts may be required by the faculty member before a grade is assigned to the work.

C. Up to two graded credit hours will be given for such work, in the discretion of the supervising faculty member. In extraordinary circumstances, and with the permission of the supervising faculty member, a student may petition to receive a total of three credits for a single project. Such a petition should only be granted by the Dean’s Office for projects of extraordinary length and complexity.

D. Nothing herein shall be taken to prevent students in their fourth semester of law school from obtaining approval of a project and beginning work on it, with a view toward completion and enrollment for credit in a subsequent semester.

§3-2-7 Credit for Non-Law Courses

Students who have completed two full-time semesters (or equivalent) in the Law School may enroll in courses offered at the University of Colorado at Boulder outside the Law School, for credit toward a law degree, subject to the provisions of Miscellaneous Rule 22.

§3-2-8 Law Review Credit

Course credit shall be awarded to students who participate in the writing, editing, and production of the University of Colorado Law Review, the Journal on Telecommunications and High Technology Law, or the Colorado Journal of International Environmental Law and Policy (each referred to herein as “a journal”) on the following conditions:[43]

A. The maximum credit to be awarded during a student's second year shall be 2 hours for participation on a journal during that entire year.

B. The maximum credit to be awarded during each semester of a student's third year shall be 2 credit hours for participation on a journal during either or both of those semesters.

C. Credit may be awarded only to those students who devote a substantial amount of time and effort to the writing, editing, or production of a journal during the relevant periods. The decision whether to award course credit to a particular member of a journal or of the Editorial Board and the amount of credit hours to be awarded shall be based upon a recommendation by the Editor-in-Chief, followed by a review of that recommendation by the member or committee of the faculty appointed to advise that journal. Records of each student's work on a journal shall be kept under the supervision of the Editor-in-Chief and shall be the basis upon which decisions to award or deny course credit shall be made. Normally (a) each member of the Editorial Board of a journal will receive 2 credit hours for work during each semester of the third year; and (b) any second-year student who is a member of a journal and satisfactorily performs the duties of membership will receive 2 credit hours during the second year. Third-year students not serving on the Editorial Board will not receive credit unless the Editor-in-Chief recommends them for 1 or 2 credit hours per semester for participation in the writing, editing, and production of the journal.

D. No student shall receive more than 8 credit hours for any combination of participation on a journal and other extracurricular activities such as trial and appellate advocacy competition participation (see §3-2-9).

§3-2-9 Appellate Advocacy Competition and Moot Court Advisory Board Credit[44]

A. A student is eligible to participate in a faculty supervised intermural competition only if the Board has approved the student’s participation in the competition and:

i. The student has advanced to the second round of the Rothgerber Moot Court Competition, or

ii. The student has received an exemption from this requirement approved by the faculty supervisor for an intermural competition.

B. Credit may be awarded on a “pass-credit” basis to students participating in appellate advocacy competitions or the moot court advisory board pursuant to the provisions of this rule.

C. A student may earn 1 credit hour after the student has advanced to the second round of the Rothgerber Moot Court Competition as a member of a team of not more than three students, provided:

i. the student has completed at least one formal practice argument and argued at least one time each round,

ii. the brief submitted by the team has been read by at least two members of the Board, and

iii. those Board members, together with the member of the faculty appointed to advise the Board, have determined that the student’s brief and the academic experience gained from participation in the competition were of sufficient quality to warrant granting academic credit to the student.

D. A student who has participated in a faculty supervised intermural competition may earn 1 credit hour in a given year if the student is a member of a team of not more than four students, provided that:

i. the final brief filed by the team in the competition was reviewed and critiqued by a faculty member, and

ii. the faculty member determines that the brief and the academic experience to the student from participation in the competition were of sufficient quality to warrant granting academic credit to the student.

E. A student who has completed the final round of the Rothgerber Moot Court Competition may earn 2 credit hours in the fall semester and 1 credit hour in the spring semester for participating in the National Moot Court Competition and devoting a substantial amount of time and effort to the activities of the Board, provided the supervising faculty member determines that the brief and the student’s academic experience were of sufficient quality to warrant granting academic credit to the student.

F. A student who has earned credit under either subsections (B) or (C) of §3-2-9 may earn 1 credit hour for each semester of participation for two semesters on the Board, provided that,

i. the Board is supervised by a member of the faculty, and

ii. such faculty member determines that the research, writing and other academically-related work done by the student as a member of the Board were of sufficient quantity and quality to warrant granting academic credit to the student.

G. Anything herein provided to the contrary notwithstanding, no student may earn more than 5 aggregate credit hours under §3-2-9.

No student shall receive more than 8 credit hours for any combination of participation in the activities set forth in §3-2-9 and other co-curricular activities, such as participation on an academic journal (see §3-2-8) or in trial or other competitions.

§3-2-10 Trial Competitions

Credit may be awarded on a "pass-credit" basis to students participating in supervised trial competitions pursuant to the following provisions:[45]

A. A student who has participated in the American Bar Association National Trial Competition, the American Trial Lawyers Association National Trial Competition, or other similar trial competition whose eligibility for the provisions of this rule has been approved by the Director of Clinical Programs and the Academic and Student Affairs Committee, may earn 1 credit hour in a given year, provided:

i. the student submits a trial preparation book for review and critique by a supervising faculty member, and

ii. the supervising faculty member determines that the trial book and other preparation and the academic experience to the student from participation in the competition were of sufficient quantity and quality to warrant granting academic credit to the student.

B. No student shall receive more than 8 credit hours for any combination of participation in trial competitions and other extracurricular activities such as Law Review (see §3-2-8) or Appellate Advocacy Competitions (see §3-2-9).

ARTICLE 3: Administration of Courses and Student Records

§3-3-1 Absences[46]

Colorado Law requires regular and punctual class attendance of all students. Absence or lateness by a student for more than 20% of the total number of classes or lectures in any course shall be cause for the instructor to levy on the student a grade penalty the instructor deems appropriate, up to and including the assignment of a failing grade. Nothing in this rule prohibits an instructor from rewarding by enhanced grades students whose attendance, preparation, and participation exceed what is required.

§3-3-2 Replaced

Dropping Courses replaced by Miscellaneous Rule 23.

§3-3-3 Maximum and Minimum Class Schedule[47]

No student shall be permitted to be enrolled at any time in coursework that, if successfully completed, would exceed 20% of the total coursework required for graduation. A student may register for fewer than 10 credit hours in one semester of the second or third year of study. In all other regular semesters, a student shall register for at least 10 credit hours unless an exception for extraordinary cause is approved by the Dean’s Office. A first-year student must obtain permission of the Dean's Office to register for fewer than the full first-year schedule of courses.

§3-3-4 Grading[48]

A. Letter grades within the University's 12-step plus/minus grading system will be reported for all students in the J.D. degree program to the appropriate University administrative office. For each credit hour, the letter grades shall have the credit point value shown in the table in subsection (B) below.

B. Through the spring of 2012 for J.D. students who matriculated before the Fall 2010 semester, for Law School purposes only, a numerical system of grading shall be used in addition to the University's plus/minus grading system. For J.D. and LL.M. students who matriculate in the Fall 2010 semester or later, only letter grades shall be assigned however, only Honors-Pass-Fail grades shall be reported for LL.M. students. Numerical grades, when given, shall be reported to the Law School Registrar for recording and shall be related to the University's plus/minus grading system for J.D. students and to the Honors-Pass-Fail system for LL.M. students as shown in the following table: [49]

University Plus/Minus Grade	Credit Point Value	Law School Numerical Grade	LL.M. Grade
A	4.0	93 & above	Honors
A-	3.7	90-92	Honors
B+	3.3	88-89	Honors
		86-87	Pass
B	3.0	83-85	Pass
B-	2.7	80-82	Pass
C+	2.3	76-79	Pass
C	2.0	73-75	Pass
C-	1.7	70-72
D+	1.3	66-69
D	1.0	63-65
D-	0.7	60-62
F	0.0	59 or Below	Fail

C. Instructors may raise or lower grades on the basis of classroom performance of any student.

D. The grade I may be given if the instructor and the Dean's Office determine that

i. an incomplete grade is appropriate because of serious illness of the student or for other equally justifiable reason; or

ii. the scope of the work involved in the course is such that it is appropriate to extend the time for its completion beyond the end of the semester.

If the I grade is given, the instructor and the Dean's Office shall determine in writing the appropriate date for completion of the requirements of the course, such period not to extend beyond the end of the next regular (i.e., not summer) term. If the student fails to complete the requirements of the course by the assigned date, the I grade will be converted to an F. If, at the end of the next succeeding regular (i.e., not summer) term, the faculty member has not provided a new grade to the Law School Registrar, the I grade will be automatically converted to an F unless, prior to that time, the instructor and the Dean's Office have agreed that the grade of W (withdrew) is appropriate. The W grade should be given only where the circumstances preventing completion of course requirements are serious, unforeseeable, and beyond the student's control.[50]

E. All academic credit previously graded on a "pass-fail" basis, and any new academic credit when so designated by the faculty, shall be graded (until otherwise changed) on a "pass-graded" basis; provided, however, the instructor of any clinical course or trial practice may, with notice prior to the start of the semester, grade such course on the same basis as other courses. "Pass-graded" shall mean that the grade of "pass" will be given when in the judgment of the instructor the quality and quantity of the work is such that on a graded basis such work would be equivalent to at least a C or 75. Should the work not receive a grade of "pass," the work shall be assigned that letter and numerical grade between F or 50 and C- or 74 that the instructor determines is appropriate. (A number grade shall be assigned if the student matriculated before the Fall 2010 semester; otherwise, a letter grade shall be assigned.)[51]

F. No faculty member will be permitted to see the list matching each student's name with an examination number prior to submitting to the Law School Registrar a list with each number having been assigned a grade. However, if the list of grades includes any LL.M. students, the Law School Registrar shall replace those students’ grades with Honors-Pass-Fail in accordance with section (B) above. The Law School Registrar will recalculate the median and return a copy of the original list with only J.D. identification numbers, for the faculty member’s review, and the list may be adjusted in the faculty member’s discretion; provided, however, that the median reflects the requirement stated in Miscellaneous Rule 26. If a faculty member so desires, he or she may ask for an opportunity to review the grades thus turned in after learning the names of the students. If a faculty member makes such a request, a copy of the list turned in will be returned to the faculty member and the original list will be retained as a record of the grades given on an anonymous basis. The faculty member should then note any adjustments that he or she wishes to make on the copy previously returned, or indicate that no changes are desired, and return the copy to the registrar. These are the grades that will be recorded.[52]

§3-3-5 Required Courses and Continuing Courses

A. Students who fail in required courses may, at their option repeat such course at the first opportunity in the regular session or, if qualified as defined below, obtain a waiver or partial waiver of the requirement.

B. A waiver of the requirement will be granted only under special circumstances and for good cause shown by written petition to the Dean.

C. A partial waiver may be granted by agreement of the Dean's Office and the instructor of the course failed; under such a waiver the student shall not be required to reenroll for the course or attend classes, but shall be required to repeat the examination in the course at the first opportunity in the regular session.

D. No student who has not passed in this Law School, or elsewhere, the equivalent of the earlier part of a continuing course (i.e., a course numbered I, II or I, II, III) shall be permitted to enroll in a later part without permission of the instructor and the Dean's Office.

§3-3-6 Examinations[53]

A. Examinations shall be conducted in accordance with the Honor Code.

B. Late examinations in any subject may be given when a student was unable to appear at the regular examination because of illness or for other good cause. Permission for such an examination can be granted by agreement of the instructor of the course and the Dean's Office for good cause shown. Late examinations shall be taken at the time in the examination period assigned for make-up examinations; except that examinations may be taken at a later time when necessary, and upon the agreement of the instructor in the course and the Dean's Office, such later time to be no later than one week after the conclusion of the examination period.

C. Students beginning, but unable to complete, the regular examination because of illness or other good cause, should consult the instructor of the course who may, with notice to the Dean's Office, permit the student extra time to complete the exam. Normally, completion shall be required on the day the examination is administered, but when necessary, and with the agreement of the instructor and the Dean's Office, the time for completion may be extended, such extended time not to exceed the limitations stated in subsection (B) of this rule.

D. An early examination (i.e., before the beginning of regularly scheduled examinations) may be given with the consent of the instructor.

E. Except as provided in subsections (B), (C), and (D) of this rule, students shall be permitted to reschedule examinations only under the following circumstances:

i. Students who have two scheduled examinations on a single examination day shall be permitted to reschedule one of the two examinations to eliminate the necessity of taking two examinations on a single examination day.

ii. Students who have examinations scheduled on three or more consecutive days or more than three in one week shall be permitted to reschedule one examination.

iii. Exams rescheduled under this subsection shall be taken on a date designated by the Registrar. Except in extraordinary circumstances, the new date will be on the nearest LATER day that does not cause another right to change under this subsection.

Students who have examinations scheduled during the afternoon of one day, and during the morning of the next day shall be permitted (if the instructor of the course agrees) to reschedule the afternoon examination to the morning of the day on which it is scheduled unless such rescheduling would produce another consecutive-day afternoon-morning sequence in which case the student shall be permitted (if the instructor of the course agrees) to reschedule the morning examination to the afternoon of the day on which it is scheduled.

All arrangements for rescheduling under this subsection must be made in writing and approved by the Dean's Office no later than one week prior to the beginning of regularly scheduled examinations.

F. All examinations for courses ending during a semester term shall be held on a Saturday afternoon a reasonable time after completion of the course, the exact date to be set by the instructor of the course with the consent of the Dean's Office.

G. "Other good cause," as used in this rule, refers to circumstances incapacitating a student from taking or completing an examination, which incapacitation is serious, unforeseeable and beyond the student's control.

§3-3-7 Publication of Grades

After grades have been submitted, the Registrar will post grades without names or examination numbers, to show the array of grades awarded in each course and seminar.

§3-3-8 Sectioning[54]

A. Students in first-year courses will be assigned to sections on the basis of their predictive index scores from a list of scores and names arranged in numerical order from the highest to the lowest.

B. In order to permit instructors to select their own material and coverage for a course, and to minimize conflicts in scheduling:

i. first-year students assigned to a numbered section in a continuing course shall normally be required to remain in the section of the same number during the second semester of such course;

ii. [Deleted 3/17/06]

iii. change of sections or transfers from one section to another will not be made except with approval of the Dean's Office and

a. at the request of a student, upon a showing of unusual circumstances requiring the change, or

b. when the availability of sections changes or in order to implement the objectives of the small-section concept.[55]

iv. The size of any section, whether there are one or more sections of the course, shall be limited to a maximum of 86 students, provided that the faculty may by majority vote establish lower limits, and an instructor may consent to higher limits. Seminars shall be limited to 12 students, except that a faculty member may allow up to a maximum of 15.

v. Students shall be expected to enroll in required first-year courses during their first year of attendance, and in required second-year courses during their second year of attendance, unless special arrangements are made in advance with the Dean's Office.

vi. When a course is taught in both semesters, the Curriculum Committee may set a maximum number for registration in either or any section lower than 86.[56]

Instructors of different sections of the same course may give separate examinations or, by agreement between them, may give joint examinations.

§3-3-9 Employment During Law School [57]

No student may be employed more than 20 hours per week in any week in which the student is enrolled in more than 12 class hours, in accordance with ABA Standard 304(f). Colorado Law students may not accept employment during the first two semesters of study except with permission from the Dean’s Office due to exceptional circumstances.

ARTICLE 4: Special Provisions for Transfer Students

§3-4-1 Credit for Work Done Elsewhere

A. Credit may be given toward graduation from the Law School by the Dean for any course taken at another law school by either regular students on leave from this school or by transfer students from such other school if the course is deemed to have substantial content and if a grade of C or its equivalent or higher has been recorded for the course, provided that the school in which the course is taken is either a member of the Association of American Law Schools or on the approved list of the American Bar Association. No credit will be given for work done in American schools not in either group.

B. Credit for study in foreign law schools by any category of student will be handled as the cases arise by the Dean's Office. In general, credit will be given only for work of acceptable quality done in law schools teaching the common law system and with academic standards apparently comparable to Colorado.

C. Credit may be given toward graduation from the Law School by the Dean for any Study Abroad course taken at another law school if the course is deemed to have substantial content and if a grade of C or its equivalent or higher has been recorded for the course, provided that the school sponsoring the course is on the approved list of accredited law schools, of the American Bar Association. No credit will be given for work done in unaccredited American schools.[58]

§3-4-2 Advanced Standing for Transfer Students

A. Students transferring from other law schools which are members of the Association of American Law Schools or on the list of fully approved schools of the American Bar Association may be granted advanced standing. Credit for the work completed in such other school shall be granted in an exact amount and on such conditions as are determined by the Dean's Office, in no case to exceed the number of credit hours earned in such other school with a grade of C or higher. Transfer students will not be given formal credit for courses taken at other law schools until they have completed at least one semester of work in the Law School with an overall average of 72 or above (C for students transferring for the Fall 2010 semester or later), although informal evaluation maybe made at or prior to the time of initial registration in this school. They are admitted to such advanced classes at the Law School in their entering semester as may be determined by the Dean's Office, but with the understanding that no credit for work at other schools will be recorded on their formal record (transcript) until they have achieved the requisite average here. [59]

B. Transfer students from law schools not either members of the Association of American Law Schools or on the approved list of the American Bar Association who are admitted under any provision of Article II shall be admitted without advanced standing and without credit for any work done in such law school.

C. Students from schools included in subsections (A) and (B) of this rule who are not, at the time of transfer, in good standing and eligible to continue without qualification in the school from which they come, are not normally admitted to the Law School. (See §2-1-3.) Should a student be admitted upon waiver of this requirement, however, the student will be admitted only without advanced standing and without credit for any work done in the previous law school or schools, except by action of the faculty.

§3-4-3 Class Standing of Transfer Students

Transfer students from other schools, students who have taken work elsewhere and non-degree candidates are subject to the following additional rules concerning class standing:

A. Grades received for courses taken in other law schools will not be counted toward class standing in the Law School. Such standing will be calculated on the basis of coursework in residence here. The Dean's Office may, in its discretion, decide whether grades received by transfer students in a summer session at this Law School before admission as a regular student shall be counted toward class standing after admission.

B. Coursework undertaken by a special student under §2-1-6 shall not be counted in computing class standings nor shall it be counted toward fulfillment of the total number of credit hours required for graduation if the student is later admitted as a regular student except on approval of the faculty, but such work done in a required course and in which the student received a grade of 72 or above (C or above for work done during or after the Fall 2010 semester) may be counted in fulfillment of the specific course requirement (i.e., the required course need not be repeated). [60]

CHAPTER FOUR: Miscellaneous Rules and Decisions of the Faculty

MISCELLANEOUS ACADEMIC RULES

1. Rule in Marcus' Case: Computing Grades for Repeated Courses

When a student is permitted to repeat courses after a substantial break in the student's law school career, all grades [shall] be averaged on a weighted basis, two for new grades and one for the old.[61]

2. Order of the Coif: Election

Election to Coif should be deferred until the sixth semester grades are in, and these then announced at graduation or a graduation luncheon (with the understanding that any grades not in will simply not be counted in the average).[62]

3. Time Limits on Examination Grading

Each faculty member, in the absence of unusual and extenuating circumstances reported to and confirmed by the Dean, is responsible for grading at a rate of seven complete individual examination papers per day on a five working day per week basis, meaning 35 complete papers per week.[63]

The deadline for grades to be reported to the Dean's Office shall be five calendar days before classes resume for the next semester. The administrative procedure to be followed by the Dean is as follows:[64]

A. Within the week before classes resume the Dean will contact each faculty member whose grades have not yet been reported to obtain an estimated completion date and to call attention to any particular problems that may be presented by delay.

B. In the absence of extenuating circumstances, such as illness, abnormally large classes, the necessary performance of other law school duties or some alteration of the vacation schedule, any faculty member failing to meet the deadline will have a not e placed in his or her personnel file, indicating both the fact and the length of the delay. This information will be taken into account in the Dean's evaluation of teaching performance for that year by the member in question.

C. Where it appears that delay will present a specific problem for any student or students, the Dean will, within the week preceding the resumption of classes, request that this exam be graded separately. To preserve anonymity the Dean will give the teacher in question the exam number of the student rather than the name. Recognizing that many faculty members are reluctant to grade separately in this fashion, the Dean will therefore ask only for pass-fail determination at that point, unless the actual grade is crucial to the issue presented. Failure to comply with such requests will also be noted in the member's personnel file.

Faculty members who are late in turning in grades will be fined $25.00 per day, which amount shall be deducted from such faculty member's faculty development account.[65]

4. Grade Changes after Recording

Faculty approval is required for any change in grades, once recorded, except for correction of clerical or computation errors. Clerical errors are defined as mistakes in recording the intended grade and computation errors are defined as mathematical errors made in calculating the grade.[66]

5. Repealed

Pass-fail Grading: Cut-off Line for Pass. Repealed 5/7/73. See Rule §3-3-4(E).

6. Repealed

Clinical Work No Substitute for Practice Court. Repealed 4/2/72. See Miscellaneous Rule 14.

7. Nominations to Faculty Council and University Committees

Following expression of the preferences of the faculty, through prescribed channels, the Regents approved the rule that law faculty members be named to positions on the Faculty Council and University Committees by the full faculty on nominations from the floor.[67]

8. Residency Requirement: Waiver

The 27-month residence requirement of the Law School will not be waived solely for the reason of avoiding the payment of full tuition to the University, nor will any student be permitted to register as a part-time student solely for the purpose of establishing Colorado residency for tuition purposes.[68]

9. Consultations on Nonrenewal of Appointments

The faculty expressed its desire that the Dean should consult individually with all members of the faculty on issues of nonrenewal of appointments.[69]

10. Dead Period before Examinations

A two-day period of no classes should be scheduled to precede the examination period in each semester.[70]

11. Obsolete

Returning Students and Changed Property Course Requirement: Meacham's Case

12. Electives for First-Year Students

First-year students in the spring semester [shall] be permitted to take as an elective in addition to their regular first-year course load, any second-year or third-year course, provided such election is approved by the Dean and the instructor of the course which the student desires to take.[71]

13. Policy on Scheduling of Classes[72]

A. In first-year courses, scheduling should avoid more than three class meetings of a section on any one day, and avoid three classes in a row.

B. In advanced classes, second-year courses should be scheduled to conflict with third-year courses rather than with other second-year courses, and third-year courses should be scheduled to conflict with second-year courses rather than other third-year courses.

C. Uniformity of scheduling from year to year shall be maintained so far as possible, where it is not possible, the attempt should be made to schedule conflicts between the same electives (i.e., so that a student may take one elective in his or her second year and the other in his or her third year).

D. No classes for regular faculty should be scheduled to meet after 2:00 p.m. Fridays (reserved for meetings).[73]

E. If possible, each faculty member, if he or she desires, shall have his or her class scheduled so as to have one wholly free day during Monday through Friday. In addition, if possible, and the faculty member so desires and he or she is not teaching a first-year subject nor a course of 4 or more credit hours, the faculty member shall have his or her class scheduled so as to have two wholly free days (not necessarily successively) during Monday through Friday.

F. Unless unavoidable or desired by the faculty member in question, no classes for the same teacher shall be scheduled in consecutive hours of the same day.

G. The hour between noon and one o'clock shall be considered a normal class hour for scheduling purposes.

H. After a preliminary schedule of classes for the following semester has been drafted, each faculty member will be consulted with respect to his or her proposed schedule before a final draft is prepared. If a preliminary schedule assigns to any faculty member either a noon class, or a Saturday class, or both, the schedule shall, at his or her option, be revised to relieve him of the noon class, or the Saturday class, but not both. No faculty members shall be assigned either noon or Saturday classes more than once in any school year.

I. If, in order to comply with the foregoing criteria, and in order to arrive at a schedule offering students the widest choice of electives, it becomes necessary to schedule classes on Saturday morning, then such classes shall be scheduled.

J. All sections of a course offered in the same semester should be scheduled at the same meeting time.

14. Rules and Policies Governing the Academic Program of, and Credit for, Clinical Courses[74]

A. The academic program of the Clinical Program (subject to the maximum hours' limitation set out below) shall consist of a full year, 8 credit hour course with 4 credit hours assigned to the student's first semester (Civil Practice Clinic I or Criminal Defense Clinic I) and 4 credit hours assigned to the second semester (Civil Practice Clinic II or Criminal Defense Clinic II). No credit shall be given unless the student completes both semesters.

i. Description of the Revised Clinic Courses. These courses may not be used to satisfy the seminar requirement. In the first semester, students shall enroll in either Civil Practice Clinic I or Criminal Defense Clinic I. In their second semester, all students shall be enrolled in Civil Practice Clinic II or Criminal Defense Clinic II.

a. Civil Practice Clinic I (4 credit hours). This semester course will emphasize the basic "lawyering" skills and ethical issues essential to the competent and professionally responsible practice of civil law. Civil Practice will consist of a classroom component (3 hours per week) and client intake sessions and work on assigned cases under the supervision of the staff attorneys.

The classroom component shall be used to instruct students in "lawyering” skills such as interviewing, counseling, negotiating, fact determination, and preparation for and the conduct of civil trials. Videotapes will be employed whenever appropriate. The student will be taped for example taking a deposition based upon the facts of an actual case. The student's effort will then be critiqued and compared with the deposition taken in the actual case.

The materials for the course will be drawn from a variety of sources. Experience has shown that the use of actual cases promoted the greatest amount of student interest and participation. Hence, to the maximum extent possible materials prepared by the clinic faculty in pending or inactive cases, such as pleadings, briefs, and transcripts will be used. Leading cases in the fields of substantive law that affect the clinic's client community will also be covered.

A student's performance will be judged on the basis of the quality of his or her class participation and work on various written assignments and the student's work on assigned cases.

b. Criminal Defense Clinic I (4 credit hours). This semester course will concentrate on the prosecution and representation of criminal defendants, and the administration of criminal justice. Criminal Practice will consist of a classroom component (3 credit hours per week) together with client intake session s and work on assigned cases under the supervision of the staff attorneys.

This course will cover all aspects of the administration of criminal justice in municipal and state courts, including initial interview of the accused, arraignment, pretrial release, investigation, trial preparation, sentencing and other dispositions and a variety of legal and practical questions which are peculiar to representing clients in these courts. Efforts will be made to coordinate the actual cases the students are handling with the problems discussed in the course.

A student's performance will be judged on the basis of the quality of his or her class participation and work on various written assignments and the student's work on assigned cases.

c. Civil Practice Clinic II or Criminal Defense Clinic II (4 credit hours). This course is the second semester course for students who have completed Civil Practice Clinic I or Criminal Defense Clinic I. The goal of the course is to develop working knowledge of courtroom evidence and skills at handling actual and simulated courtroom situations. A primary format for the course will involve assigning particular evidentiary situations as problems to students in groups. The students will be required to research these problems and prepare to handle them in a simulated courtroom situation. Students in the groups will play the roles of witnesses and opposing counsel. The staff attorney will act as judge. The presentation will be video taped, and tapes will be played back and critiqued by the instructor and the students in the course.

Students shall meet each week for a 1-hour lecture to discuss the week's problem assignment. The problem will be presented at a 2-hour class session supervised by the staff attorney. In addition, students shall participate in client intake sessions and work on cases under the supervision of the staff attorneys.

A student's performance will be judged on the quality of his or her work on assigned problems and in any actual or simulated courtroom situations included in the course.

Because this course is designed as an advanced course in Evidence, a student will find it helpful to have had (or to take at least simultaneously) the regular course in Evidence.

Special Note Regarding Course During Summer Session: It is expected that efforts will be made each summer by the clinic faculty to offer a clinic course during the summer session that will accommodate 20 students. Primary emphasis in the summer course will be to teach skills needed to manage existing cases.

ii. Failure on the part of a student enrolled in the clinic course to either satisfactorily perform work related to the course or to attend required LADP meetings may result in the imposition of sanctions. Sanctions may range from formal probation t o suspension from the clinic course. Probation may be imposed by the Director after consultation with the LADP attorney most directly responsible for the student's work if other than the Director. Suspension may be imposed by the Director after consultation with the other LADP attorneys. Before a sanction is imposed, the student, upon request, shall be given an opportunity to make a presentation before the Director and the person or persons with whom the Director has consulted in the particular case. The decision as to the sanction to be imposed rests with the Director.[75]

Should suspension be imposed during the period of a semester or summer session when a student would normally be permitted to drop a non-limited enrollment or undersubscribed course, such suspension shall be without discredit. Should the suspension be after such period, it will be with discredit unless otherwise approved by the Dean for good cause shown by written petition. A student who has been suspended shall not be eligible during the period of suspension to enroll in the clinic course.

B. Grading. Student performance in the clinic courses shall be graded, unless the instructor designates otherwise. The extern program shall be graded on a pass-grade basis.[76]

C. Eligibility and Requirements of Participation in Clinic Courses. Subject to the other limitations set out below, participation in the Clinic for academic credit shall be open to second- and third-year students who have a cumulative law school grade average of not less than 75 (C+ for students who matriculate Fall 2010 semester or later) except that:[77]

i. second- and third-year students with an average of less than 75 but more than 72 (for students who matriculate Fall 2010 semester or later, an average of C or better) may enroll for credit with the permission of the Director, and

ii. any second- or third-year student may be permitted to enroll on a noncredit basis under the rules usually applicable to such registrations, subject to Director approval.

The total number of second- and third-year students who may enroll for credit in clinic courses shall be a ratio of 15 students to each faculty staff attorney. In the event a greater number of eligible students desire to enroll, those who may enroll s hall be determined according to a lottery system administered by the Director of Clinical Programs.

Such other lawyer skill training courses and programs as the Curriculum Committee may designate with the approval of the Dean. The credit hours set forth above after the course name are as of the 1989-90 academic year. If the faculty shall designate any additional course as falling within the 14-hour limitation set forth above, or change the number of credit hours for any such course or any other course included within this Rule, this Rule shall, without further action, be deemed to be amended to conform to the change so made.

15. Obsolete

Seventy-Two Rule Gloss.

16. Student Participation in Decision-Making[78]

A. Reasonable advance notice shall, where practicable, be given the student body where matters of general concern are to be discussed at a faculty meeting and students wishing to be heard on the matter shall, in such numbers and under such time and other limitations as the Dean may prescribe, be afforded an opportunity to present their views. The student body shall be informed of any action taken on such matters within a reasonable time after the meeting. “Matters of general concern,” as used in this and succeeding paragraphs, means issues or proposals of a non-confidential nature, of wide current interest or involving policy of general applicability. The following are non-exclusive guides to definition of 'matters of general concern:

i. Normally included are policies governing requirements for graduation, general grading standards or rules, credit to be given for regular courses or programs, attendance, scheduling, required courses, and additions to or deletions from curriculum (except as temporary decisions are dictated by availability of personnel and budget);

ii. Normally excluded are administrative matters not significantly affecting students, petitions or applications by individual students for admission, readmission, continuation in school, financial aid, waiver of rules, or decisions with respect to examinations, grades or credit given to particular students. Also excluded are personnel decisions on appointment, reappointment, tenure, promotion or salary, but this shall not preclude use of methods of student evaluation of teaching or of teaching candidates, or consideration of selection policies.

B. Proposals presented by fifteen or more students shall be treated as matters of general concern, except insofar as they involve confidential or personnel matters. Such proposals should be presented to the Dean, who shall normally refer the matter to the appropriate faculty committee for study and action or recommendation but who may, in his or her discretion, bring the matter directly to the attention of the faculty. If referred to committee the proposal shall be acted upon by the committee and a report made to the faculty and the students making the proposal within a reasonable time. The committee chairman shall report any reasons for unusual delay. In addition to opportunity to be heard under subsection (A) above, students presenting a proposal, or a representative of them, shall be afforded an opportunity to present arguments to the committee before it takes action. Matters which have been considered by the faculty within the two preceding years may but need not be reconsidered under this subsection except that, where matters of general concern have been acted upon without prior reasonable notice, proposals for reconsideration with respect to future policy shall be so considered. Nothing herein shall be construed to inhibit the presentation of any suggestion, question, or recommendation by individual students to any faculty member, and, where such matters are not resolved by discussion with the faculty member, they should be referred to the appropriate committee or administrator for consideration.

C. Each committee of the faculty shall hold at least two meetings open to the general student body each year, upon reasonable prior notice, for the purpose of discussing its activities and policies, and shall take such additional steps as are appropriate to ensure the consideration of student views on matters of general concern which are within its jurisdiction. In determining the appropriateness of further elicitation of student views or other forms of student participation, the committee should consider at least the following factors: (a) the nature and importance of the issue; (b) the degree of student interest; (c) any special expertise considered; (d) the potential burden on members of the committee; (e) and with respect to methods of participation; ( f) the desirability of ensuring that whatever diversity of student view may exist is fairly reflected.

D. Where practicable, no committee shall reach a final decision on a matter of general concern without holding an open meeting, after reasonable notice, or taking some other appropriate step to acquaint the student body with the issue under consideration and to solicit student views with respect thereto.

E. A section of the student bulletin board shall be reserved for the purpose of posting notices required hereunder and for the permanent posting of (a) a general description of each faculty committee and its functions and (b) a list of the faculty members assigned to each committee for the current academic year.

17. Repealed

Policies Concerning the Special Group Program. Repealed 1996.

18. Repealed

Course Credit for Extern Programs. Repealed 5/22/78.

19. Expired

Legal Services Cooperation Project. Expired May 1982.

20. Policy on Scheduling of Exams

In scheduling examinations for this spring semester and for the future that the administration schedule such examinations so that the second and third year examinations all fall in either the morning or afternoon of each day in the examination period.[79]

21. Obsolete[80]

22. Credit for Courses Offered in Other Departments

Credit toward graduation from Law School may be earned by satisfactory completion of courses (including seminars) offered by other departments of the University if the course in question has been approved for cross listing by the Curriculum Committee and the student seeking credit is eligible under the following criteria:

A. Approval of crosslisting may be granted upon application of any law student or member of the University faculty, supported by a letter satisfactorily explaining why the course should be regarded as "law-related" and accompanied by a syllabus showing in fair detail the substantive coverage of the course, except that:

i. Approval will not be given for crosslisting if the subject matter of the course will be significantly duplicated by a course offered in the Law School in the same academic year. (This requirement may be waived by the Dean's Office as to particular students on a showing that the Law School course is oversubscribed and that the student attempted to enroll in it but was unsuccessful in doing so.)

ii. Only courses at the graduate level will be approved for crosslisting.

iii. Crosslisting approval will be given for one year only, and renewal for any subsequent year will require a new proposal in accordance with these rules.

iv. Crosslisting approval is at the discretion of the Curriculum Committee, notwithstanding satisfaction of the above minimum requirements.

B. A law student enrolled in and satisfactorily completing an approved crosslisted course with a grade of "B" or above may count the credit hours involved toward graduation from Law School except that

i. Credit which thus qualifies will be given only "pass" credit in the Law School (without a grade);

ii. No law student may earn more than 6 credit hours under crosslisted courses, except under the JD-MBA Dual Degree Program (and students who receive credit under that Program are not eligible for additional crosslisted credit under these rules); and

iii. No credit will be given unless the crosslisted course is taken while the applicant is regularly enrolled in the Law School.[81]

23. Policy for Dropping and Adding Courses[82]

A. Dropping Courses.

i. First-Year Courses. No student enrolled in a first year course may drop the course without the consent of the Dean's Office, for good cause shown.

ii. Second and Third-Year Courses Other than Seminars.

a. Clinical Courses and Courses Filled to Capacity. No student enrolled in a clinical course, or a course which is filled to capacity and for which the Registrar has established a waiting list, may drop such course without discredit ("F", or numerical grade 50 for those receiving numerical grades), except under the following rules:

(1) During the period from the beginning of the semester through the sixth day during which classes are held at the Law School in that semester, a student may drop such a course, without discredit, by notifying the Registrar in writing on a prescribed form.

(2) Following the period set forth in paragraph (1) above, a student may drop such a course, without discredit, only with the consent of the course instructor upon a prescribed form, and only upon approval, for good cause shown, by the Dean's Office.

b. The special rule in subsection (D) of this rule applies to the Intensive Trial Advocacy course.

iii. All Other Courses not Described in Subsection (A). No student enrolled in a course other than a course described in subsection (A)(i) above may drop such course without discredit ("F", or numerical grade 50 for those receiving numerical grades), except under the following rules:

a. During the period from the beginning of the semester through the sixth day during which classes are held at the Law School in that semester, a student may drop such a course, without discredit, by notifying the Registrar in writing on a prescribed form.

b. Following the period set forth in paragraph (a) above until the end of the first six weeks of the semester, a student may drop such a course, without discredit, by obtaining the consent of the instructor in writing on a prescribed form and delivering such form to the Registrar.

c. After the sixth week of the semester, a student may drop such a course, without discredit, only upon obtaining the consent of the course instructor upon a prescribed form, and only upon approval, for good cause shown, by the Dean's Office.

B. Adding Courses (other than Seminars). A student shall be permitted to add a course for which he or she is eligible, and for which there is space available, by notifying the Registrar in writing upon a prescribed form prior to the seventh day on which classes have been held at the Law School during the semester. Thereafter, a student may add a course only upon obtaining the consent of the course instructor upon a prescribed form, and only upon approval by the Dean's Office. The special rule in subsection (D), below, applies to the Intensive Trial Advocacy course.

C. Special Rules for Summer Session. The Registrar shall for each summer session promulgate at the beginning of the session the time periods within which classes may be dropped without discredit or added during the summer session. Such time periods for the summer session shall approximate the class time represented by the foregoing rules for the fall and spring semesters, as applied to the courses offered in the summer session.

D. Special Rule for Intensive Trial Advocacy Course and the Combined Course in Evidence and Trial Advocacy. Because the Law School and faculty must make special scheduling arrangements for these courses, it is necessary to have firm pre-course registration information. Accordingly, these special rules apply to that course.

i. Dropping the Intensive Trial Advocacy Course or the combined course in Evidence and Trial Advocacy. No student enrolled in the Intensive Trial Advocacy Course or the combined course in Evidence and Trial Advocacy may drop such course without discredit ("F", or numerical grade 50 for those receiving numerical grades), after the drop date established and posted by the Registrar, except by obtaining the consent of the course instructor upon a prescribed form, and only upon approval, for good cause shown, by the Dean's Office. The special drop date for this course will be posted not later than the beginning of telephone registration for the University for the following semester.

ii. Adding the Intensive Trial Advocacy Course. If spaces become available in the Intensive Trial Advocacy course, the course may be added until the start date for the course by notifying the Registrar in writing upon a prescribed form.

E. Special Rules for Seminars. Students who want to drop a seminar must do so within 24 hours after the first meeting of the seminar. Students who want to add a seminar must do so before the second meeting of the seminar.[83]

24. Course Credit for Extern Programs

Credit for the course entitled Extern Credit is subject to the following standards:[84]

A. Extern credit may be earned for work done for a qualified sponsor that is approved by the Associate Dean for Academic Affairs. A sponsor may be any lawyer, professor, judge, or organization that employs lawyers, professors, or judges.

B. Extern work shall be completed under the direction of a field supervisor, who shall be a lawyer, professor, or judge at the sponsor, and of a member of the law school faculty who will serve as the faculty supervisor.

C. To be eligible for extern credit, a student shall have earned at least 30 law school credit hours and not be on probation at the beginning of the externship. See ABA Standards for Law School 305(c).

D. A student is eligible for no more than 4 credit hours under the extern program. Students may petition the Associate Dean for Academic Affairs for an additional three credits of externship experience; such petitions shall be granted in cases of externships for judges, law professors, or other similar compelling circumstances. The program may be for 1, 2, 3, or 4 credit hours in any semester. "Semester" includes the summer as well as the fall and spring semesters.

E. An extern program shall include a substantial writing component. A minimum of 50 hours of working time shall be required for each credit hour earned.

F. A student shall not receive compensation from the sponsor or on its behalf during the period of the student's externship. This does not include reimbursement for out-of-pocket expenses related to the extern program. See ABA Standards for Law School 305, Interpretation 305-3.

G. An extern program shall include some opportunity for students to reflect on their externship, through a seminar, regularly scheduled class meetings, or other means of guided self-reflection. See ABA Standards for Law School 305(e)(7). This requirement must be satisfied by participation in the Externship Seminar, except that, with special permission of the Associate Dean, it may be satisfied by other appropriate means.

H. Grading shall be pass-grade and shall be determined by the faculty supervisor in consultation with the field supervisor.

I. Extern credit shall be classified as skills/clinical course credit and subject to the overall limit on such credit set forth in Miscellaneous Rule 36(B).

J. To qualify for extern credit, a student shall apply to the Associate Dean for Academic Affairs. To apply, a student shall submit a proposal stating:

i. The name and address of the sponsor with which the work program has been arranged,

ii. The name, address, telephone number, e-mail address, and qualifications of the person who would be the student's field supervisor,

iii. A detailed statement of the proposed program in a written agreement signed by the supervisor and by the student,

iv. The consent of a member of the law faculty, who will serve as the faculty supervisor, indicating review and approval of the program and willingness to supervise the student's work,

v. The sponsor's commitment not to charge any client fee or collect any other fee for the extern's time. See ABA Standards for Law School 305, Interpretation 305-3.

K. In deciding whether to approve a program for extern credit, the Associate Dean shall be satisfied that the program is of substantial educational value, that the work to be done is of the kind a beginning lawyer might do in a professional capacity or is closely related thereto, that the field supervisor is a qualified person willing to assume the burden of supervision, and that adequate records of the time spent by the student will be furnished by the sponsoring organization. The Associate Dean shall also determine whether the proposed program includes a substantial writing component and provides instruction in professional skills and substantive law. The Associate Dean shall approve only those programs that are likely to achieve these objectives. When approving a program, the Associate Dean shall specify the educational objectives that should be achieved by the program and shall report its conclusions to the student and the field instructor.

L. The sponsoring faculty member shall ascertain that the writing component of the program has been completed satisfactorily. During the externship, the faculty member shall hold class meetings with the students pursuant to ABA Standards for Law School 305(e)(7) and have a method for communicating and following up with the field supervisor. If a student is receiving four or more academic credits in any academic term, periodic on-site visits are required by the faculty supervisor. See ABA Standards for Law School 305(e)(5).

M. The Dean may shift responsibility under this rule from the Associate Dean to any existing faculty committee or to a new committee or individual established or authorized to oversee extern programs. The Associate Dean or successor may modify the rule establishing the deadline for submitting externship proposals and may augment the required contents of proposals.

25. Retention of Final Examinations

Final examinations in a course shall be retained by the faculty for a period of one year following the date that the exam was administered in that course.[85]

26. Median Grades (through spring 2010, to expire thereafter)

The median grade in all first year courses, and in all sectioned upper division courses, including upper division courses that may be offered in different semesters of the same academic year, shall be 84, plus or minus one point. In all other graded courses and seminars, the recommended median shall be 84, plus or minus one point. The highest recommended grade is 96.[86]

26a. Median Grades (beginning summer 2010, for students who matriculated before Fall 2010 semester and visiting students, to expire after spring 2012)[87]

The median grade in all courses shall be 88, plus or minus one point.

26b. Median Grades (for students who matriculate Fall 2010 semester or later)[88]

The median grade in all courses shall be B+.

27. Faculty Compensation Report[89]

A. The Dean's Office shall publish annually a complete report of all compensation paid or committed to each member of the faculty during the preceding fiscal year. The report will be prepared during the summer months and will be available for inspection by the first day of September in each year. The report will not be circulated but a copy shall be provided to any faculty member who requests it. It will be a public document, subject to the Open Records Act. A copy will be maintained in the Dean's Conference Room, so that it can be inspected at any time by any interested person without making a request to anyone.

B. For purposes of this Report the following definitions apply:

i. Faculty includes the Dean, members of the classified staff, visiting faculty, adjuncts, or adjoints.

ii. Compensation means any payment from any source, public or private, which is paid by the Law School, the University, or the University of Colorado Foundation. It does not include benefits paid to a faculty member as part of the standard benefits package provided by the University, but does include any payments beyond the standard amounts.

C. As to each faculty member the Report shall specify the items of payment under three categories: salary, research grants, and other payments. As to each item of payment the Report shall indicate the amount, the source of the funding, and the purpose of the payment. For example:

John Doe, Professor
Salary	Source	Purpose
$75,000	Appropriated funds	9-month salary
10,000	Holmes Endowment	Holmes professorship stipend
Research Grant
$5,000	Dean's Discretionary	Summer research grant
Other Payments
$1,500	Dean's Discretionary	Faculty Development Fund
$500	Dean's Discretionary	Travel to Reno Conference

D. In addition to the Report due in September 1994, and annually thereafter, a similar Report will be prepared for the past two fiscal years.

28. First-Year Writing Requirement

Faculty of first-year small sections shall require of students in their sections writing exercises each semester. In the fall term, the exercise shall be required but ungraded. In the spring term, the exercise shall be graded and count, according to the judgment of the instructor, between 10% and 20% of the grade in the course. The nature of the assignment shall be within the discretion of the individual faculty. The Associate Dean for Academic Affairs shall convene a meeting of the first-year small section faculty to discuss and coordinate the writing assignments required by this rule. For purposes of this rule, a first-year small section shall mean a first-year substantive course in which the enrollment is no more than one-fifth of the entering class.[90]

29. Repealed

Publication of Seminar Papers. Repealed 2/28/97.

30. Take Home Examinations[91]

A. Any instructor desiring to give a take home examination in any course shall announce that fact no later than the first day of class.

B. If a take home examination is authorized under subsection (A), it shall be distributed to the students in the course at 8:00 a.m. on the date otherwise scheduled by the registrar for the administration of the exam in that course, and shall be due no later than 5:00 p.m. on that same day.

C. For purposes of this rule, a "take home examination" is a final examination with respect to which the instructor has waived the normal time limitations and the limitations on where the examination may be taken. Except as provided in this rule, no take home examinations may be administered.

31. Graded Writing Assignments in Upper Division Courses

Each upper division course shall include a graded writing assignment as a requirement or an option, unless the Dean or the Associate Dean for Academic Affairs designates the course as a nonwriting course. Designation as a nonwriting course is effective for one academic year but may be renewed. This rule does not apply to practice courses, to summer-term courses, or to courses taught by adjunct faculty.[92]

32. Faculty Salary Grievance Procedure[93]

A. The Dean shall meet privately with each faculty member to indicate and explain any recommendations made for annual salary increases. The faculty member concerned shall be given the opportunity to comment on, and to present evidence challenging, the propriety of the recommendation. If possible, such salary discussions shall take place before any recommendation is made to the University administration. Otherwise, they shall occur as soon as is practical thereafter.

B. Salary grievances filed by tenured or tenure-track faculty shall be decided by a three-person panel to consist of one member elected annually by the faculty at its first meeting of the academic year, a second member appointed by the Dean within one week after the election, and a third member selected by the first two within one week after appointment of the second. All panel members shall be persons on full-time service during the fall semester who participate in the main faculty salary raise pool and are tenured or tenure-track faculty.

C. A salary grievance filed by a person who is not tenured or tenure-track faculty shall be decided by a three-person panel to consist of one member named by the grievant at the time the request is filed, one member appointed by the Dean within three days thereafter, and one member jointly named by the first two within three days after appointment of the second. All members of the panel shall be persons on full-time service during the fall semester who participate in a salary raise pool.

D. To have a salary review request considered in the current academic year, an aggrieved person shall file a written request by September 15. The applicable panel shall establish its own procedures, consider evidence, and report its conclusion in writing to the Dean by October 15 of the same year. To award any salary increase, the panel vote shall be unanimous. The decision of the grievance panel shall be the final decision of the Law School.

E. The basis for salary review for tenured or tenure-track faculty shall be career merit, defined according to the Vice-Chancellor's memorandum of December 20, 1994, (as amended or superseded) and according to the Law School's traditional measures of teaching, scholarship, and service. Evidence of these measures shall be the factors listed below. Salary review for other persons shall be on the same basis except when adjustments for the grievant's assigned duties are appropriate.

Teaching

Ÿ Evaluations by students

Ÿ Evaluations by colleagues

Ÿ Creation of new courses or course materials

Ÿ Number of credit hours taught

Ÿ Number of students taught

Ÿ Use of writing assignments or other labor-intensive techniques in teaching

Ÿ Supervision of independent research and externships

Ÿ Teaching awards

Ÿ Other evidence deemed appropriate by the Dean

Research

Ÿ Quality and quantity of published research

Ÿ Quality and quantity of long-term work in progress

Ÿ Recognition of the value of work by the local, national, and when appropriate international community

Ÿ Scholarly speaking engagements

Ÿ Prizes for scholarship

Ÿ Other evidence deemed appropriate by the Dean

Service

Ÿ Contributions to the Law School community, including outreach into the

Ÿ larger community that adds to the school's reputation or standing

Ÿ Contributions to the University community, including outreach

Ÿ Contributions to the local and state communities, such as volunteer activities

Ÿ Contributions to scholarly and professional organizations

Ÿ Other evidence deemed appropriate by the Dean

33. Writing and Typing Examinations

Regular examinations may be hand written, or typed on a typewriter having no more than one line of memory, or typed on a computer or word processor using software that blocks access to any hard drive or other source of stored memory. The Dean's Office may impose administrative rules to carry out this provision. An instructor may bar computer and word processor use on regular examinations. Take-home examinations, as allowed by Miscellaneous Rule 30, may be produced in any manner specified by the instructor.[94]

34. Nonvoting Appointments to the Faculty

A. The Dean may appoint suitable persons as professors adjunct to teach specific courses for periods not to exceed one academic year.

B. The faculty may make nonvoting appointments of persons who are members of other faculties at the University. Such appointments expire automatically if the person appointed ceases to be a member of any other faculty at the University. Appointments are subject to §1-7-1(B). Other terms and conditions of appointment may be imposed in the discretion of the faculty.

35. Mentoring Committee

This special committee shall include at least five members of the faculty who shall have tenure. The committee shall support untenured members of the faculty ("mentees") in their teaching and research. Each member of the committee shall be assigned to an untenured member of the faculty and be expected to perform the following tasks:[95]

A. Meet annually with the untenured member of the faculty to establish an annual "scholarly agenda" to set goals for scholarship, teaching, speaking engagements and service.

B. Meet with the mentee at least twice per semester during the academic year to discuss the mentee's research.

C. Visit the mentee's class at least one time per semester with a view toward discussing teaching techniques and providing constructive criticism.

D. Review and critique drafts of the mentee's research.

E. Meet one time per semester with the Mentor Committee to exchange views on the law school’s mentoring efforts and take whatever other steps are practicable to enhance the development and success of untenured colleagues.

Mentors shall respect the confidentiality of communications received from mentees under this rule unless such confidentiality is waived by the mentee. At the Dean's annual meeting with each Mentee, the Dean shall inquire about the Mentee's experience under this Rule.

36. Minimum Classroom Credit Hours and Maximum Credit Hours for Clinical and Related Courses (“Practice Cap”)[96]

A. Classroom Credit. Pursuant to ABA Standard 304. At least 63 credit hours toward the JD degree shall be earned in regularly scheduled class sessions. These include classroom courses, seminars, foreign study meeting ABA standards, and clinical courses that include a classroom component and are taught by a full-time member of the law school faculty. They do not include other clinical courses; co-curricular activities such as law review, moot court, and trial competitions; independent study; coursework completed in another department, school, or college of the university or at another institution of higher learning; or externships.

B. B. Credit for Clinical and Related Courses. No student shall receive more than 14 credit hours toward the JD degree from the following courses, seminars and programs, and such other lawyer skill training courses and programs as the Academic and Student Affairs Committee may designate with the approval of the Dean (though more than 14 credit hours may be taken if space is available):

i. All Clinical Courses

ii. All Externships

iii. Law Practice Management (LAWS 7609)

iv. Motions Advocacy (LAWS 7169)

v. Trial Advocacy (LAWS 6109)

vi. Advanced Trial Advocacy (LAWS 7159)

vii. Advanced Appellate Advocacy (LAWS 6213)

viii. Trial Practice (LAWS 6363)

37. Policy on Political and Religious Non-Discrimination

All faculty shall be hired, promoted, and granted tenure on the basis of their competence and appropriate knowledge in the field of their expertise. No faculty member shall be hired or fired, or granted or denied promotion or tenure, on the basis of his or her political or religious beliefs.[97]

No faculty member shall be excluded from tenure, search, hiring, or other committees on the basis of his or her political or religious beliefs.

Students shall be graded solely on the basis of their reasoned answers and appropriate knowledge of the subjects and disciplines they study, not on the basis of their political or religious beliefs.

DUAL DEGREE AND CERTIFICATE PROGRAMS

38. JD-MBA Dual Degree Program Understanding with the Business School

The Law School and the Graduate School of Business Administration (Business School) desire to cooperate in a dual degree program under which students may be admitted to both schools and take course work in both schools on a coordinated basis, leading to the award of the degrees Juris Doctor (JD) and Master of Business Administration (MBA) by the Law School and the Business School, respectively. In order to establish such a dual JD-MBA degree program, the Law School and the Business School enter into this Understanding, which shall become effective when approved by the dean and faculty of each of the two schools.[98]

A. Administration. The dual JD-MBA degree of the Law School and the Business School shall be administered in each school by the dean, or a person designated by the dean, pursuant to this Understanding and under such policies, procedures and guidelines as the respective faculties of the schools may from time to time provide. The dean or person so designated to administer the dual degree program for a school is hereinafter referred to as the "program adviser" for that school.

The program advisers for the two schools, together with such other persons as the deans of the schools may appoint in equal numbers as representatives of the schools, shall constitute a joint committee responsible for providing coordination of the program in the two schools and for providing advice and recommendations to the respective deans and faculties of the two schools with respect to the operation of the program.

B. Eligibility for and Enrollment in the Program. To be eligible for the JD-MBA Dual Degree Program of the Law School and the Business School, a person must apply separately to and be admitted by each of the two schools, under their respective admissions procedures and standards. Each school will make provision in its admissions materials for an applicant to elect to be enrolled in the dual degree program. Each school will promptly inform the other of the admission of an applicant who has elected the dual degree program, and may otherwise share information and coordinate admissions for dual degree program students.

A person may elect the dual degree program at the time of initial application to both schools; or a student enrolled in the applicable degree program of either school may during his or her first year of study under the degree program of that school apply for admission to the other school and elect to be enrolled under the dual degree program.

A student who has elected the dual degree program and who has been admitted by both schools shall be deemed to be enrolled in each school under the dual degree program, unless the student's enrollment status in the dual degree program is terminated as provided under this Understanding.

C. Course of Study under the Program.

i. A student enrolled in the dual degree program may commence studies under the program in either the Law School or the Business School, but must notify each school of that decision at or prior to the date established by each school for such notification. A dual degree program student is required by the Law School to take the first year of the JD curriculum as a unit exclusively in the Law School, and the student may be required by the Business School to take the first year of the MBA curriculum as a unit exclusively in the Business School. Otherwise, the student may take courses in the Business School or in the Law School, or both, as the student may desire and as may be necessary to meet the requirements of the degree programs of the two schools.

ii. A student enrolled in the dual degree program shall, at all times during which that enrollment continues in effect pursuant to this Understanding, be considered to be an enrolled student in each school and entitled to the privileges of an enrolled student at each school consistent with his or her status as a dual degree student, whether or not the student is at that time taking courses at that school.

iii. A dual degree student shall be required to inform each school each term of all courses being taken under the program, whether or not being taken at that school. No student in the dual degree program shall be allowed to take fewer than 10 credit hours or more than 16 credit hours during any term without receiving the consent of the program adviser in each school in which any of such courses are being taken. If for any term, fewer than 10 aggregate credit hours are being taken towards the JD and MBA degrees, either school may through its program adviser determine that the student may no longer continue in the dual degree program, as provided below.

D. Credit for Courses Taken at the Other School.

i. The Law School will grant credit towards the JD for up to 9 credit hours of acceptable performance in graduate level courses taken by a dual degree program student at the Business School, and up to 12 credit hours for such performance if 3 of such credit hours are in the Business School graduate accounting course (currently at the date of adoption of this Understanding designated B.Ad 501-3). A student must have earned a grade of B- or equivalent in the Business School course in order for the performance to be acceptable for Law School credit. The Law School may accept Business School course credit on a pass basis, and need not count the credit toward class standing or towards the graduation grade average requirements of the JD.

ii. The Business School will grant credit towards the Master of Business Administration degree for up to 9 credit hours of acceptable performance in Law School courses taken by a dual degree program student, will waive any business law course requirement, and will waive or otherwise modify other requirements such that a dual degree program student will be able to obtain the MBA degree with not more than 46 credit hours of Business School course credit exclusive of credit hours given for Law School courses under the program. A student must have earned a grade of C- or equivalent in the Law School course, in order for the performance to be acceptable for Business School credit. The Business School may accept Law School credit toward class standing or toward the graduation grade average requirements of the Master of Business Administration degree.

iii. Either school may grant credit for work taken at the other school under the program only provisionally and conditioned on the successful completion of the degree program of the other school. If it appears that the student will not complete the other school's degree requirements, such provisional credit may be withdrawn.

iv. Each school may designate the courses of the other school for which credit will be allowed under this program.

E. Academic or other Discipline; Termination of Dual Degree Enrollment or of Good Standing.

i. Each school will notify the other if a student enrolled in the dual degree program shall be expelled or suspended for academic or non-academic reasons, or is subject to disciplinary action, or if any such student is placed on probation or is otherwise not continued in good standing at that school. In matters involving academic ethics each school shall have jurisdiction to determine under its own procedures whether misconduct has occurred, and the consequences thereof, with respect to credit to be given towards the degree offered by that school and the standing of the student at that school. However, disciplinary expulsion or suspension of any dual degree program student shall apply to both schools as provided by University rules and regulations. If a student is suspended or placed on academic probation or is otherwise not continued in good standing at either of the schools, the program adviser of each school may determine whether or not the student shall be continued in the dual degree program. The program adviser of each school may also terminate the dual degree program enrollment of any student who takes fewer than 10 credit hours under the dual degree program in both schools, except for any term for which fewer than 10 aggregate credit hours remain to be earned for both degrees under this program.

ii. Termination of dual degree program status of a student terminates all obligations of either school under this Understanding to the other school or to the student concerned. Upon such termination, each school may treat the student as a degree student who is not affected by this Understanding and, as such school may deem advisable, may either allow or not allow credit towards the degree offered by that school for courses taken at the other school during the period the student was enrolled in the dual degree program.

39. JD-MBA Dual Degree Program Implementation

The JD-MBA Dual Degree Program of the Law School and the Graduate School of Business Administration is established as a program of the Law School under the following policies, procedures, and guidelines. The Law School (hereinafter referred to as the "Law School") and the Graduate School of Business Administration (hereinafter referred to as the "Business School") have entered into an Understanding with respect to the JD-MBA Dual Degree Program. These policies, procedures, and guidelines for implementation o f that Understanding in the Law School shall conform to that Understanding as it may from time to time be altered, amended, or revised by the deans and faculties of both schools.[99]

These provisions implement the JD-MBA Dual Degree Program in the Law School. Students should also consult and comply with implementing provisions for the program in the Business School.

A. Administration. The JD-MBA Dual Degree Program shall be administered in the Law School by the associate dean, or such other person as the dean may appoint for the purpose, under these policies, procedures and guidelines. The associate dean or person so designated to administer the program is hereinafter referred to as the "program adviser" for the Law School. The program adviser and such other person or persons as the dean shall appoint shall constitute a joint committee with equal numbers of representatives of the Business School. The joint committee, and the Law School representatives acting separately to the extent desired, shall be responsible for providing coordination of the program in the two schools and for providing advice and recommendations to the dean and faculty concerning the operation of the program.

B. Eligibility for Enrollment in the Program.

i. To be eligible for the JD-MBA Dual Degree Program of the Law School and the Business School, a person must apply separately to and be admitted by each of the two schools, under their respective admissions procedures and standards. The Law School admissions materials shall contain provision for an applicant to elect to be enrolled in the dual degree program. The Admissions Office of the Law School shall promptly notify the Business School of the admission of an applicant who has elected the dual degree program, and may otherwise share information or coordinate actions with the Business School in the admission of dual degree program students.

ii. An applicant to the Law School may elect the dual degree program at the time of his or her initial application to both schools. In addition, a student enrolled in the JD program or in the MBA program may apply to the other school during his or her first year of study under the degree program, and may elect to be enrolled under the dual degree program.

iii. A person who has elected the dual degree program and who has been admitted at both schools shall be deemed to be enrolled under the dual degree program unless the student's enrollment status under the program is terminated as provided for in these provisions.

C. Course of Study under the Program.

i. A student enrolled in the dual degree program may commence studies under the program in either the Law School or the Business School, but must notify each school of that decision at or prior to the date established by each school for such notification. The date shall be established for the Law School by the Admissions Office. A dual degree program student is required to take his or her first year of Law School as a unit, exclusively in the Law School. Except as may be otherwise required by the Business School for the first year of business studies, the dual degree program student may otherwise take courses in the Business School or in the Law School, or both, as the student may desire and as may be necessary to meet the requirements of the degree programs of both schools.

ii. A student enrolled under the dual degree program shall, at all times during which that enrollment continues in effect, be considered to be an enrolled student in the Law School, and shall be entitled to the privileges of an enrolled student in the school consistent with his or her status as a dual degree student, whether or not the student is at the time taking courses in the Law School. While the student is taking any courses at the Law School such privileges include: access to the Law School library on the same basis as other law students, including check-out privileges and carrel assignment privileges; student locker privileges; student notice box privileges; membership in the Student Bar Association and in other student organizations for which the student is qualified for membership; access to the student bookstore, lounge and other student facilities of the school; and access to parking in the Law School preference lots on the same basis as other law students. Whether or not the dual degree program student is taking courses at the Law School during any particular term, the student has the same right to course sign-ups, preferences and lotteries for the next term as if the student were taking courses at the Law School as a full time law student; provided, however, that the student shall be responsible for contacting the Registrar or observing Law School administrative bulletin boards for notices concerning such course and registration information.

iii. A dual degree program student shall inform the Registrar at the commencement of each term of all courses being taken under the dual degree program in the Business School, and shall consult with the program adviser at the beginning of each academic year concerning the student's dual degree program. No dual degree program student shall be allowed to take fewer than 10 credit hours or more than 16 credit hours without receiving the consent of the program adviser in the Law School, if any of the courses are being taken in the Law School. In addition, if the dual degree program student is taking fewer than 10 aggregate credit hours toward the JD and MBA degrees in any term the program adviser may, in the exercise of his or her discretion, terminate the dual degree status of the student, unless the term is one in which the dual degree student has fewer than 10 credit hours remaining to be earned for both the MBA and JD degree.

D. Credit for Courses Taken at the Business School.

i. The Law School will grant credit towards the JD for up to 9 credit hours of acceptable performance in graduate level courses taken by a dual degree program student at the Business School, and up to 12 credit hours for such performance if three of such credit hours are in the Business School graduate accounting course (currently during AY 1983-84 designated B.Ad 501-3). A student must have earned a grade of B- or equivalent in the Business School course in order for the performance to be acceptable for Law School credit. The Law School credit will be given on a pass basis, and will not be counted in the computation of class rank or in the computation of the cumulative grade point average graduation requirement for the JD.[100]

ii. Credit granted under this program for work taken at the Business School shall be provisional, and conditioned on the successful completion of the MBA degree program. If it appears to the program adviser that the dual degree program student will no t complete the requirements of the MBA degree, the provisional credit shall be withdrawn; but the student may petition for award of credit hours as provided below.

iii. The program adviser may designate Business School courses for which credit hours will be allowed under this program.

E. Academic or other Discipline; Termination of Dual Degree Enrollment.

a. The Law School will notify the Business School if a student enrolled in the dual degree program is expelled or suspended for academic or non-academic reasons, or is or to the student concerned under the dual degree program. Upon such termination, the Law School may treat the student as a degree student who is not affected by the dual degree program. No credit will be allowed such a student for courses taken at the Business School under the program unless granted on petition for such credit under applicable procedures.

40. JD-MPA Dual Degree Program Understanding with the Graduate School of Public Affairs

The Graduate School of Public Affairs (GSPA) and the Law School desire to cooperate in a program under which students admitted to both schools may take course work in both schools on a coordinated basis, leading to the award of the Juris Doctor (JD) and Master of Public Administration (MPA) degrees by the Law School and GSPA, respectively. To establish the dual program, GSPA and the Law School enter into this understanding, which is effective upon execution by the deans of both schools.

A. Administration.

i. The JD-MPA program of Law School and GSPA shall be administered in each school by the dean or a person designated by the dean pursuant to this Understanding and under policies, procedures, and guidelines that the faculties of the schools from time to time adopt. The dean or person designated to administer the program at each school is referred to as the program adviser for that school.

ii. The program advisers for the two schools, with other persons that the deans of the schools may appoint, shall constitute a joint committee responsible for coordinating the program in the two schools, for interpreting this Understanding, and for providing advice and recommendations to the deans and faculties of the two schools for operation of the program.

iii. When a student takes courses at both campuses in the same term, tuition shall be paid in accordance with governing University policy.

B. Eligibility for and Enrollment in the Program.

i. To be eligible for the JD-MPA Dual Degree Program, a person shall apply separately to and be admitted by each school under its respective admissions procedures and standards. Each school shall make provision in its admissions materials for an applicant to request enrollment in the dual degree program. Each school shall promptly inform the other of the admission of an applicant who has requested the dual degree program, and the schools may otherwise share information and coordinate admissions for dual degree program students.

ii. To qualify for the program, a student shall apply to each school according to its application deadlines. In addition, the student shall submit a written application to enroll in the dual degree program by the earlier of: one month before beginning classes at GSPA, or one month before beginning classes in the second year of study at Law School. This requirement may be waived by agreement of both schools upon an applicant's petition.

iii. Students enrolled in other dual degree programs at either school are ineligible for this program.

C. Course of Study under the Program.

i. Students enrolled in the dual degree program may begin study under the program in either GSPA or Law School. Program students shall take the first year of the JD curriculum as a unit exclusively in Law School, and the first year of the JD curriculum shall be taken no later than the second academic year after admission to the program. Students may be required by GSPA to take the first year of the MPA curriculum as a unit exclusively in GSPA. Otherwise, students may taken courses in either school, or both, as students choose and as may be necessary to meet the requirements of the degree programs of the two schools.

ii. Students enrolled in the dual degree program shall, at all times during which that enrollment continues in effect pursuant to this Understanding, be enrolled students in both schools and entitled to the privileges of enrolled students consistent wit h the status of dual degree students, whether or not a student is at that time taking courses at that school.

iii. Dual degree students shall inform each school each term of all courses being taken under the program, whether or not taken at that school.

iv. In any fall or spring term in which course work under the program is taken at either school, students in the program shall be full-time students. When course work is taken only at one school, that school's definition of full-time student status shall govern. When course work is taken at both schools, both schools' definitions shall be observed. Students in the program shall comply with the Law School's requirement of six terms of full-time, resident study. Students in the program who are taking any course work at the Law School shall be subject to the School's limits on outside employment. Students in the program shall not take more than 16 credit hours during any term without consent of the program adviser in each school in which a course is being taken in that term. Failure to take sufficient credit hours shall be cause for determining that a student may no longer continue in the dual degree program, as provided below. For purposes of the Law School residency requirement, a student may include GSPA courses that are to be credited toward the JD degree.

v. Students in the program must complete the JD degree within five years of beginning law study.

D. Credit for Courses Taken at the Other School.

i. The Law School shall grant credit toward the JD degree for up to 12 credit hours of acceptable performance in designated graduate level courses taken by a program student at GSPA after admission to Law School. A student must earn a grade of B- or equivalent in each GSPA course to be acceptable for Law School credit. The Law School may accept GSPA course credit on a pass basis and shall not count the grade earned as part of a student's Law School grade-point average toward class standing or toward the minimum grade-point average required for the JD degree.

ii. GSPA shall grant credit toward the MPA degree for up to 12 credit hours of acceptable performance in designated Law School courses taken by a dual degree program student. A student must earn a grade of 72 or equivalent in each Law School course to be acceptable for GSPA credit. GSPA may accept Law School credit on a pass basis and need not count the credit toward class standing or toward the graduation grade average requirements of the MPA degree. GSPA may amend the grade point and class standing requirements of this provision at any time.

iii. Credit for work taken at the other school under the program is provisional and conditioned on successful completion of the degree program of the other school. If it appears that a student will not complete the other school's degree requirements, provisional credit shall be withdrawn.

iv. Each school may designate the courses of the other school for which credit is allowed under this program and may alter its designation at any time.

At this time, Law School credit for GSPA courses may be earned only in the following core courses presently required of all MPA students:

Ÿ PAD 7030 - Public Management and Organization Theory

Ÿ PAD 7040 - Research and Analytic Methods II: Statistics and Quantitative Methods for Public Administration

Ÿ PAD 7050 - Economics of the Public Sector

Ÿ PAD 7060 - Public Finance

At this time, LAWS 7005 - Administrative Law must be taken by dual degree students. The other 9 GSPA credit hours for Law School courses may be earned in any of the following courses:

Ÿ LAWS 5101 & 5111 - Contracts I & II

Ÿ LAWS 5624 - Property

Ÿ LAWS 6015 & 6025 - Constitutional Law I & II

Ÿ LAWS 6128 - Legislation

Ÿ LAWS 7058 - Conflict of Laws

Ÿ LAWS 7255 - Local Government

Students enrolled in the program may not earn credit toward the JD degree in any other course given outside the Law School, nor credit toward the MPA degree in any other course given outside GSPA.

v. Except for allowed credit hours under the program, each degree is earned independently under the same criteria as apply to other students in each school.

E. Academic or other Discipline; Termination of Dual Degree Enrollment or of Good Standing; Voluntary Withdrawal.

i. Each school shall notify the other if a student enrolled in the dual degree program is expelled or suspended for academic or nonacademic reasons, or is subject to disciplinary action, or is placed on probation, or is otherwise not continued in good standing at that school. In matters involving academic ethics each school shall have jurisdiction to determine under its own procedures whether misconduct has occurred, and the consequences thereof, with respect to credit to be given towards the degree offered by that school and the standing of the student at that school. However, disciplinary expulsion or suspension of any dual degree program student shall apply to both schools as provided by University rules and regulations. If a student is suspended or placed on academic probation or is otherwise not continued in good standing at either of the schools, the program adviser of each school may determine whether the student shall be continued in the dual degree program. The program adviser of each school may also terminate the program enrollment of any student who fails to take the minimum credit hours of course work to qualify as a full-time student in any fall or spring semester except for a semester for which fewer aggregate credit hours remain to be earned for both degrees.

ii. Termination of dual degree program status of a student, or a student's voluntary withdrawal from the program, terminates both schools' obligations based on this Understanding regarding that student. Upon termination or withdrawal, each school may treat the student as a degree student who is not affected by this Understanding and may allow or disallow credit towards the degree offered by that school for courses taken at the other school during the period the student was enrolled in the dual degree program.

41. JD-MS and JD-PhD Dual Degree Programs Understanding with the Environmental Studies Program[101]

A. JD-MS Dual Degree in Environmental Studies. The Law School and the Environmental Studies Program desire to cooperate in a joint program under which students may be admitted to both schools and take course work in both schools on a coordinated basis, leading to the award of the degrees Juris Doctor (JD) and Master of Science (MS) in Environmental Studies, by the Law School and the Graduate School respectively. In order to establish such a dual JD-MS degree program the Law School and Environmental Studies enter into this understanding which shall become effective when approved by the Director of the Environmental Studies Program, the Dean of the Law School, the Dean of the College of Arts and Sciences, the Dean of the Graduate School and the Provost.

i. Statement of Purpose. Especially in today’s politically influenced world, it is important to understand both the sciences necessary to protect and improve the environment as well as environmental laws and policies. By joining the study of the environment to the study of the social, economic and political realities that will so dramatically affect the future of our natural world, our program seeks to ensure that environmental studies will have their due impact on the formation of future policies and will not remain on the sidelines as crucial new decisions are being made. The graduate of our dual degree program in law and environmental studies will be well prepared to work in government, in industry or with special programs.

ii. Description of Administration. The JD-MS dual degree of the Environmental Studies Program and the Law School shall be administered in each school by the dean, or a person designated by the dean, pursuant to this understanding and under such policies, procedures and guidelines as the respective faculties of the schools may provide.

The Environmental Studies Graduate Director and the Graduate Coordinator will provide oversight for the MS requirements and will work closely with the Admissions Office and the Dean’s Office in the Law School. The JD program will be the primary program with the higher tuition rate. The Graduate Coordinator will consult with the Registrar of the Law School as the student approaches completion of the dual degree to be sure that all requirements for the dual degree have been met. The MS and JD degrees will be awarded simultaneously at the completion of all requirements. The Graduate Director will review and make decisions regarding standards, policies, or procedures within the dual program. The Environmental Studies Graduate Program will consult with the Office of the Registrar upon approval of the dual program to obtain a unique major code.

iii. Admission to the Program. To become eligible for the dual degree program in Law and Environmental Studies, a student must apply separately and be admitted by each of the two schools under their respective admissions procedures and standards. Each school will make provision in its admissions materials for an applicant to elect to be enrolled in the dual degree program. Each school will promptly inform the other of the admission of an applicant who has elected the dual degree program, and may otherwise share information and coordinate admissions for the dual degree program students. LSAT test scores in lieu of the GRE exam may be used for consideration to the Environmental Studies Graduate Program. Students may elect the dual degree program at the time of initial application to both schools; or a student enrolled in the applicable program of either school may during his or her first year of study under the degree program of that school apply for admission to the other school and elect to be enrolled under the dual degree program. A student who has elected the dual degree program and has been admitted by both schools shall be deemed to be enrolled in each school under the dual degree program unless the student’s enrollment status in the dual degree program is terminated as provided under this understanding. The applicant must abide by the admissions deadlines for each school in order to be considered for admission.

iv. Description of Curriculum. A student enrolled in the dual degree program may commence studies under the program in either school. However, a student is required by the Law School to take the first year of the JD curriculum as a unit exclusively in the Law School. Students may be required to take the first year of the MS. curriculum as a unit exclusively in the Environmental Studies program. Otherwise, the student may take courses in the Law School or in the Environmental Studies Program, or both, as the student may desire and as may be necessary to meet the requirements of the degree programs of the two schools.

A student enrolled in the dual degree program shall, at all times during which that enrollment continues in effect pursuant to this understanding, be considered to be an enrolled student in each school and entitled to the privileges of an enrolled student at each school consistent with his or her status as a dual degree student, whether or not the student is at that time taking courses at that school.

A dual degree student shall be required to inform each school each term of all courses being taken under the program, whether or not being taken at that school. No student in the dual degree program shall be allowed to take fewer than 10 or more than 15 credit hours during any term without receiving the consent of the program advisor at each school in which any of such courses are being taken. If for any term fewer than 10 aggregate credit hours are being taken towards the JD and MS degrees, either school may through its program adviser determine that the student may no longer continue in the dual degree program as provided below. If the student elects to complete a thesis for the MS degree, the 10-credit-hour requirements may be waived, subject to the approval of both program advisors. A faculty advisor from each school will approve the student’s course plan for the dual degree to ensure that requirements for each degree are met.

a. Credit for Courses Taken at the Other School. The Law School will grant credit hours towards the JD for up to 9 credit hours of the required 89 credit hours for the JD of acceptable performance in graduate level courses taken by a dual degree program student in Environmental Studies. A student must have earned a grade of B or equivalent in the Environmental Studies course in order for the performance to be acceptable for Law School credit. The Law School may accept ENVS course credit on a pass/fail basis, and need not count the credit toward class standing or towards the graduation grade average requirements of the JD. Environmental Studies will grant credit towards the Master of Science degree for up to 9 credit hours of the required 36 credit hours for the MS of acceptable performance in Law School courses taken by a dual degree program student. A student must have earned a grade of C- or equivalent (numerical grade of 70 or above) in Law School courses, in order for the performance to be acceptable for ENVS credit. The ENVS Program may accept Law School credit toward class standing or toward the graduation grade average requirements of the Master of Science degree as it elects.

Either school may grant credit for work taken at the other school under the program only provisionally and conditioned on the successful completion of the degree program of the other school. If it appears that the student will not complete the other school’s degree requirements, such provisional credit may be withdrawn. Each school may designate the courses of the other school for which credit will be allowed under this program.

b. Academic or other Discipline; Termination of Dual Degree Enrollment or of Good Standing. Each school will notify the other if a student enrolled in the dual degree program shall be expelled or suspended for academic or non-academic reasons, or is subject to disciplinary action, or if any such student is placed on probation or is otherwise not continued in good standing at that school. In matters involving academic ethics, each school shall have jurisdiction to determine under its own procedures whether misconduct has occurred, and the consequences thereof, with respect to credit to be given towards the degree offered by that school and the standing of the student at that school. However, disciplinary expulsion or suspension of any dual degree program student shall apply to both schools as provided by University rules and regulations. If a student is suspended or placed on academic probation or is otherwise not continued in good standing at either of the schools, the program advisor of each school may determine whether or not the student shall be continued in the dual degree program.

Termination of dual degree program status of a student terminates all obligations of either school under this understanding to the other school or to the student concerned. Upon such termination, each school may treat the student as a degree student who is not affected by this understanding and, as such school may deem advisable, may either allow or not allow credit towards the degree offered by that school for courses taken at the other school during the period the student was enrolled in the dual degree program.

v. Resource Needs. There are no special resource needs required for the implementation of the MS/JD dual degree program.

B. JD-PhD Dual Degree in Environmental Studies. The Law School and the Environmental Studies Program desire to cooperate in a joint program under which students may be admitted to both schools and take course work in both schools on a coordinated basis, leading to the award of the degrees Juris Doctor (JD) and Doctor of Philosophy (PhD) in Environmental Studies, by the Law School and the Graduate School respectively. In order to establish such a JD-PhD Dual Degree Program, the Law School and Environmental Studies enter into this understanding, which shall become effective when approved by the Director of the Environmental Studies Program, the Dean of the Law School, the Dean of the College of Arts and Sciences, the Dean of the Graduate School and the Provost.

ii. Description of Administration. The JD-PhD Dual Degree Program of the Environmental Studies Program and the Law School shall be administered in each school by the dean, or a person designated by the dean, pursuant to this understanding and under such policies, procedures and guidelines as the respective faculties of the schools may provide.

The Environmental Studies Graduate Director and the Graduate Coordinator will provide oversight for the PhD requirements and will work closely with the Admissions Office and the Dean’s Office in the Law School. The JD program will be the primary program with the higher tuition rate. The Graduate Coordinator will consult with the Registrar of the Law School as the student approaches completion of the dual degree to be sure that all requirements for the dual degree have been met. The PhD and JD degrees will be awarded simultaneously at the completion of all requirements. Students in the JD-PhD program must complete the degree within five years of beginning law study. The Graduate Director will review and make decisions regarding standards, policies or procedures within the dual program. The Environmental Studies Graduate Program will consult with the Office of the Registrar upon approval of the dual program to obtain a unique major code.

iv. Description of Curriculum. A student enrolled in the dual degree program may commence studies under the program in either school. However, a student is required by the Law School to take the first year of the JD curriculum as a unit exclusively in the Law School. Students may be required to take the first year of the PhD. curriculum as a unit exclusively in the Environmental Studies program. Otherwise, the student may take courses in the Law School or in the Environmental Studies Program, or both, as the student may desire and as may be necessary to meet the requirements of the degree programs of the two schools.

A dual degree student shall be required to inform each school each term of all courses being taken under the program, whether or not being taken at that school. No student in the dual degree program shall be allowed to take fewer than 10 or more than 15 credit hours during any term without receiving the consent of the program advisor at each school in which any of such courses are being taken. (For students finished with their coursework and writing a dissertation within the time limits set by the Graduate School, this requirement shall be waived.) If for any term fewer than 10 aggregate credit hours are being taken towards the JD and PhD degrees, either school may through its program adviser determine that the student may no longer continue in the dual degree program as provided below. A faculty advisor from each school will approve the student’s course plan for the dual degree to ensure that requirements for each degree are met.

a. Credit for Courses Taken at the Other School. The Law School will grant credit towards the JD degree for up to 12 credit hours of the required 89 credit hours for the JD of acceptable performance in graduate level courses taken by a dual degree program student in Environmental Studies. A student must have earned a grade of B or equivalent in the Environmental Studies course in order for the performance to be acceptable for Law School credit. The Law School may accept ENVS course credit on a pass/fail basis, and need not count the credit toward class standing or towards the graduation grade average requirements of the JD degree.

Environmental Studies will grant credit towards the PhD for up to 12 credit hours of the required 42 credit hours for the PhD of acceptable performance in Law School courses taken by a dual degree program student. The dual degree student must fulfill the 30 credit hours of dissertation credit in keeping with Graduate School regulations. A student must have earned a grade of C- or equivalent (numerical grade of 70 or above) in Law School courses, in order for the performance to be acceptable for ENVS credit. The ENVS Program may accept Law School credit toward class standing or toward the graduation grade average requirements of the PhD as it elects.

v. Resource Needs. There are no special resource needs required for the implementation of the PhD/JD dual degree program.

42. JD-MS Dual Degree Program Understanding with the Interdisciplinary Telecommunications Program[102]

A. Statement of Purpose. To support the University’s mission of advancing knowledge across disciplines, and in recognition that legal education and training is increasingly related to telecommunications and technology issues, the Law School (hereinafter “Law School”) and the Interdisciplinary Telecommunications Program (hereinafter “ITP”), collectively termed either “schools” “programs,” or “units,” desire to cooperate in a joint program. This program, under which students may be admitted to both units and take course work in both units on a coordinated basis, leading to the award of the degrees Juris Doctor (JD) and Masters of Science (MS) in Telecommunications by the Law School and ITP, respectively. In order to establish such a JD-MS Dual Degree Program, the Law School and ITP enter into this Understanding, which shall become effective when approved by the Dean and faculty of the Law School, the Faculty Director and faculty of ITP, and the Deans of the College of Engineering and Applied Science and of the Graduate School of the University of Colorado at Boulder.

B. Administration. The JD-MS Dual Degree Program of the Law School and ITP shall be administered at the Law School by the Associate Dean, or such other person as the Dean may appoint for that purpose, and at ITP by the Faculty Director, or such other person as the Faculty Director may appoint for that purpose, pursuant to this Understanding and under such policies, procedures and guidelines as the respective faculties of the schools may from time to time provide. The person so designated to administer the dual degree program will hereinafter be referred to as the "program director" for that unit.

The two program directors, together with such other persons as the Associate Dean or Faculty Director may appoint in equal numbers as representatives of the units, shall constitute a joint committee responsible for providing coordination of the program in the two units and for providing advice and recommendations to the Dean, Program Director, and faculties of the two units with respect to the operation of the program. A faculty member holding a joint appointment in both the Law School and ITP will, if possible, be a member of this committee and will not count as a member either for purposes of the Law School’s or ITP’s representation to the committee. The joint committee will be responsible for questions regarding standards, policies, and procedures of the units, and for resolving issues of academic progress and termination for students that are not in the domain of either unit by itself.

Per the Graduate School requirement that the unit with the highest tuition rate must be the primary unit for a student in a dual degree program, and in accordance with governing University policy, the Law School will be the primary unit. The JD and the MS will be awarded simultaneously The Law School will inform the graduate school of its approval for a student to graduate with both degrees after soliciting and documenting the approval of ITP.

C. Eligibility for and Enrollment in the Program. To be eligible for the JD-MS Dual Degree Program of the Law School and ITP, a person must apply separately to and be admitted by each of the two units, under their respective admissions procedures and standards. Each unit will make a provision in its admissions materials for an applicant to elect to be enrolled in the dual degree program, with the Law School listed as the primary unit and ITP as the secondary unit. Each unit will promptly inform the other of the admission of an applicant, who has elected the dual degree program, and may otherwise share information and coordinate admissions for dual degree program students. In order to accommodate the administrative requirements of ITP, the Law School will use its best efforts to assign a major code specific to the dual degree program, in addition to the Law School’s major code, upon student admission to the program. A student participating in the program is not eligible to pursue other dual degree programs with either the Law School or ITP, but may pursue certificates.

A person may elect the dual degree program at the time of initial application to both units; or a student enrolled in the Law School may, during his or her first or second year of study under the degree program of that unit apply for admission to ITP and elect to be enrolled under the dual degree program. A student enrolled in ITP may during his or her first year of study under the degree program of that program apply for admission to the Law School and elect to be enrolled under the dual degree program. However, pursuant to American Bar Association rules, coursework previously undertaken by an ITP student in the Law School or in ITP shall not be counted toward fulfillment of the total number of credit hours required for Law School graduation if the student is later admitted as a regular student under the dual degree program.

A student who has elected the dual degree program and who has been admitted by both units shall be deemed to be enrolled in each unit under the dual degree program, unless the student's enrollment status in the dual degree program is terminated as provided under this Understanding.

D. Course of Study under the Program.

i. Sequencing of Program. Students enrolled in the dual degree program may begin study in either ITP or in the Law School. However, dual degree students shall take the first year of the JD curriculum as a full-time unit exclusively in the Law School in order to comply with American Bar Association rules. Upon completion of the first year of the Law School curriculum, a dual degree program student may either take courses in the ITP program exclusively, or may combine courses from the ITP and Law School curricula, Students enrolled in the dual degree program may not earn credit toward the JD in any other course given outside the Law School. Except for allowed credit hours under this program, each degree is earned independently under the same criteria as apply to other students in each school.

ii. Status of Students. Students enrolled in the dual degree program shall, at all times during which that enrollment continues in effect pursuant to this Understanding, be enrolled students in both schools and entitled to the privileges of enrolled students consistent with the status of dual degree students, whether or not a student is at that time taking courses at that school.

iii. Obligations of Students. Students enrolled in the dual degree program shall be required to inform the program director of each school, during every term, of all courses being taken under the respective programs No student in the dual degree program shall be allowed to take fewer than 10 credit hours or more than 16 credit hours during any term without receiving the consent of the program director in each school in which any of such courses are being taken. If for any term, fewer than 10 aggregate credit hours are being taken towards the JD and MS degrees, either school may through its program director determine that the student may no longer continue in the dual degree program, as provided below.

E. Credit for Courses Taken at the Other Unit.

i. Law School Policies. The Law School will grant credit towards the JD for up to 9 credit hours of acceptable performance in graduate level courses taken by a dual degree program student at ITP after admission to the Law School. A student must have earned a grade of B- or equivalent in the ITP course in order for the performance to be acceptable for Law School credit The Law School may accept ITP credit on a pass basis and shall not count the grade earned as part of a student’s Law School grade-point average toward class standing or toward the minimum grade-point average required for the JD degree.

ii. ITP Policies. ITP will grant credit towards the Master of Science in Telecommunications degree for up to 9 credit hours of acceptable performance in Law School courses taken by a dual degree program student. A student must have earned a grade of C- or equivalent in the Law School course, in which case ITP would treat the grade as passing and it will be acceptable for ITP credit. ITP may accept Law School credit toward class standing or toward the graduation grade average requirements of the Master of Science in Telecommunications degree.

iii. Provisional Credit. Either unit may grant credit for work taken at the other unit under the program only provisionally and conditioned on the successful completion of the degree program of the other unit. If it appears that the student will not complete the other unit's degree requirements, such provisional credit may be withdrawn.

iv. Designation of Credit. Each unit may designate the courses of the other unit for which credit hours will be allowed under this program and may alter this designation at any time.

F. Academic or other Discipline; Termination of Dual Degree Enrollment or of Good Standing.

i. Ethical Sanctions. Each unit will notify the other if a student enrolled in the dual degree program shall be expelled or suspended for academic or non-academic reasons, or is subject to disciplinary action, or if any such student is placed on probation or is otherwise not in good standing at that unit In matters involving academic ethics, each unit shall have jurisdiction to determine under its own procedures whether misconduct has occurred, and the consequences thereof, with respect to credit to be given towards the degree offered by that unit and the standing of the student at that unit. However, disciplinary expulsion or suspension of any dual degree program student shall apply to both units as provided by University rules and regulations. If a student is suspended or placed on academic probation or is otherwise not continued in good standing at either of the units, the program director of each unit may determine whether or not the student shall be continued in the dual degree program. The program director of each unit may also terminate the dual degree program enrollment of any student who takes fewer than 10 credit hours under the dual degree program in both units, except for any term for which fewer than 10 aggregate credit hours remain to be earned for both degrees under this program. Time limit for completion of the dual degree shall be one year more than the maximum of the time limit for completion of each individual degree from date of admission to that unit; a waiver of the time limit requires the permission of both units and the Graduate School.

ii. Termination of Program. Termination of dual degree program status of a student or of the dual degree program terminates all obligations of either unit under this Understanding to the other unit or to the student concerned. Upon such termination, each unit may treat the student as a degree student who is not affected by this Understanding and, as such unit may deem advisable, may either allow or not allow credit towards the degree offered by that unit for courses taken at the other unit during the period the student was enrolled in the dual degree program.

iii. Resource Requirements. The dual degree program does not expect or require unique resources beyond the additional effort required of the administrative functions of both units in administering the program

43. JD-MURP Dual Degree Program Understanding with the College of Architecture and Planning

The Law School and the College of Architecture and Planning (Architecture and Planning) desire to cooperate in a joint program under which students may be admitted to and take course work in both schools on a coordinated basis, leading to the award of the degrees Juris Doctor (JD) and Master of Urban and Regional Planning (MURP) by the Law School and Architecture and Planning, respectively.[103]

The JD-MURP dual degree pairs two professions whose attentions are complementary. Planning’s focus is public action centered on the natural and built environments. Law’s focus is the constitutional, statutory, and regulatory bases of the social order. Merged, these two fields enable dual degree holders to address issues at the interface of policy and law emphasizing the use of land and real estate, and the management of the public lands and natural resources (including mineral and energy resources). Persons whose focus is economic development, whether local or global will also find in the study of law essential perspectives on private enterprise, corporate regulation, labor markets, poverty, and international relations, and they will find in Planning the tools and strategies with which to guide economic development and influence market outcomes. Individuals so schooled will find an abundance of opportunity in public sector planning and administration at all levels of governance, and in the private practice of law and in private planning consulting firms.

The MURP is normally comprised of 51 credit hours, and the JD degrees 89 credit hours of course work. Students obtaining a dual JD-MURP degree, however, may earn both degrees upon completion of 122 credit hours, of which 42 credit hours would be in Planning and 80 credit hours in Law.

In order to establish such a dual JD-MURP degree program, the Law School and Architecture and Planning enter into this Understanding, which shall become effective when approved by the dean and faculty of each school.

A. Administration. The JD-MURP Dual Degree Program of the Law School and Architecture and Planning shall be administered in each school by the dean, or a person designated by the dean, pursuant to this Understanding and under such policies, procedures and guidelines as the respective faculties of the schools may from time to time provide. The dean or person so designated to administer the dual degree program for a school is hereinafter referred to as the “program adviser” for that school.

B. Eligibility for and Enrollment in the Program. To be eligible for the dual JD-MURP degree program, a person must apply separately to and be admitted by both the Law School and Architecture and Planning, under each school’s respective admissions procedures and standards. Each school will make provision in its admissions materials for an applicant to elect to be enrolled in the dual degree program. Once admitted to both programs the student is to notify his/her faculty advisor in Planning and the faculty advisor for this program in the Law School. Each school will also promptly inform the other of the admission of an applicant who has elected the dual degree program, and may otherwise share information and coordinate admissions for dual degree program students.

A student who has elected the dual degree program and who has been admitted by both schools shall be deemed to be enrolled in each school under the dual degree program, unless the student’s enrollment status in the dual degree program is terminated as provided under this Understanding.

Each dual degree student is to consult with the designated faculty advisors in both programs and maintain an official record of course selections, both past and prospective, in each unit.

C. Course of Study under the Program. A student enrolled in the dual degree program may commence studies under the program in either the Law School or Architecture and Planning, but must notify each school of that decision at or prior to the date established by each school for such notification. A dual degree program student is required by the Law School to take the first year of the JD curriculum as a unit exclusively in the Law School, and the student may be required by Architecture and Planning to take the first year of the MURP curriculum as a unit exclusively in Architecture and Planning. Otherwise, the student may take courses in Architecture and Planning or in the Law School, or both, as the student may desire and as may be necessary to meet the requirements of the degree programs of each school.

A student enrolled in the dual degree program shall, at all times during which that enrollment continues in effect pursuant to this Understanding, be considered to be an enrolled student in each school and entitled to the privileges of an enrolled student at each school consistent with his or her status as a dual degree student, whether or not the student is at that time taking courses at that school.

D. Credit for Courses Taken at the Other School.

i. The Law School will grant credit towards the JD degree for up to 9 credit hours of acceptable performance in graduate level courses taken by a dual degree program student at Architecture and Planning. A student must have earned a grade of B- or equivalent in courses at Architecture and Planning in order for the performance to be acceptable for Law School credit. The Law School may accept Architecture and Planning course credit on a pass basis, and need not count the credit toward class standing or towards the graduation grade average requirements of the JD.

ii. Architecture and Planning will grant credit towards the Master of Urban and Regional Planning degree for up to 9 credit hours of acceptable performance in Law School courses taken by a dual degree program student, and will waive or otherwise modify other requirements such that a dual degree program student will be able to obtain the MURP degree with not more than 42 credit hours of Architecture and Planning course credit exclusive of credit hours given for Law School courses under the program.

Planning’s core is normally composed of 27 credit hours, however, one of these is a three-credit course in planning law. Dual degree students need not take this course. As a result, the Planning requirement for dual degree students is 24 credit hours within core studies in Planning plus 18 credit hours of electives for a total of 42 credit hours. Students will, in addition, undertake 80 credit hours within the JD program.

Only Law School courses in which a grade of C+ or better is earned will be acceptable for transfer to Architecture and Planning. Grades received in courses that are transferred from the Law School will be recorded as having been passed but will not influence the grade point average of the MURP program.

iii. Either school may grant credit for work taken at the other school under the program only provisionally and conditioned on the successful completion of the degree program of the other school. If it appears that the student will not complete the other school’s degree requirements, such provisional credit may be withdrawn.

Each school may designate the courses of the other school for which credit will be allowed under this program. Upon completion of the courses that are eligible for dual credit toward the JD, the student shall provide a transcript of his/her work at the Architecture and Planning to the faculty advisor in the Law School, identifying the courses to be applied to the JD. Similarly, on completion of the courses within the Law School that are eligible for transfer to the MURP Program, the student shall provide a transcript of his/her work in the College of Law to his/her Planning advisor, identifying the courses to be applied to the MURP Degree.

Students who complete one degree prior to completing the other must have earned all but 15 credit hours of the second before the first can be awarded.

E. Curriculum.

i. Law School (80 credit hours): Please consult the current index of course offerings at the Law School for course offerings towards the JD. See www.colorado.edu/law/academics/index.htm

ii. Architecture and Planning (42 credit hours):

Ÿ MURP Core: (24 credit hour s, of which 9 will transfer to the College of Law)

Ÿ URP 5501 Planning Issues and Processes (3 credit hours)

Ÿ URP 5510 Planning Methods I (3 credit hours)

Ÿ URP 5511 Planning Methods II (3 credit hours)

Ÿ URP 5520 Urban Spatial Analysis (3 credit hours)

Ÿ URP 6630 Planning Studio I (6 credit hours)

Ÿ URP 6631 Studio II (6 credit hours)

Ÿ MURP Electives: (18 credit hours in Planning, approved by the Planning Advisor)

Note: URP 5530 Planning Law (3 credit hours) is not required of dual degree students. Planning students, nevertheless, who have taken this class prior to gaining admission to the Law School may petition their Law School advisor to count this course against another course in the Law School deemed to be comparable. This advisor shall have final authority in the matter.

F. Academic or other Discipline; Termination of Dual Degree Enrollment or of Good Standing. Each school will notify the other if a student enrolled in the dual degree program shall be expelled or suspended for academic or non-academic reasons, or is subject to disciplinary action, or if any such student is placed on probation or is otherwise not continued in good standing at that school. In matters involving academic ethics each school shall have jurisdiction to determine under its own procedures whether misconduct has occurred, and the consequences thereof, with respect to credit to be given towards the degree offered by that school and the standing of the student at that school. However, disciplinary expulsion or suspension of any dual degree program student shall apply to both schools as provided by University rules and regulations. If a student is suspended or placed on academic probation or is otherwise not continued in good standing at either of the schools, the program adviser of each school may determine whether or not the student shall be continued in the dual degree program. The program adviser of each school may also terminate the dual degree program enrollment of any student who takes fewer than 10 credit hours under the dual degree program in both schools, except for any term for which fewer than 10 aggregate credit hours remain to be earned for both degrees under this program.

Termination of dual degree program status of a student terminates all obligations of either school under this Understanding to the other school or to the student concerned. Upon such termination, each school may treat the student as a degree student who is not affected by this Understanding and, as such school may deem advisable, may either allow or not allow credit towards the degree offered by that school for courses taken at the other school during the period the student was enrolled in the dual degree program.

44. JD-MURP Dual Degree Program Implementation

The JD-MURP Dual Degree Program of the Law School and the College of Architecture and Planning is established as a program of the Law School under the following policies, procedures, and guidelines. The Law School and the College of Architecture and Planning (hereinafter referred to as “Architecture and Planning”) have entered into an Understanding with respect to the JD-MURP Dual Degree Program. These policies, procedures, and guidelines for implementation of that Understanding in the Law School shall conform to that Understanding as it may from time to time be altered, amended, or revised by the deans and faculties of both schools.

These provisions implement the JD-MURP Dual Degree Program in the Law School. Students should also consult and comply with implementing provisions for the program in Architecture and Planning.

A. Administration. The JD-MURP Dual Degree Program shall be administered in the Law School by the associate dean, or such other person as the dean may appoint for the purpose, under these policies, procedures, and guidelines. The associate dean or person so designated to administer the program is hereinafter referred to as the “program adviser” for the Law School. The program adviser and such other person or persons as the dean shall appoint shall constitute a joint committee with equal numbers of representatives of Architecture and Planning. The joint committee, and the Law School representatives acting separately to the extent desired, shall be responsible for providing coordination of the program in the two schools and for providing advice and recommendations to the dean and faculty concerning the operation of the program.

B. Eligibility for Enrollment in the Program.

i. a. To be eligible for the JD-MURP Dual Degree Program of the Law School and Architecture and Planning, a person must apply separately to and be admitted by each of the two schools, under their respective admissions procedures and standards. The Law School admissions materials shall contain provision for an applicant to elect to be enrolled in the dual degree program. The Admissions Office of the Law School shall promptly notify Architecture and Planning of the admission of an applicant who has elected the dual degree program, and may otherwise share information or coordinate actions with Architecture and Planning in the admission of dual degree program students.

ii. b. An applicant to the Law School may elect the dual degree program at the time of his or her initial application to both schools. In addition, a student enrolled in the JD program or in the MURP program may apply to the other school during his or her first year of study under the degree program, and may elect to be enrolled under the dual degree program.

iii. c. A person who has elected the dual degree program and who has been admitted at both schools shall be deemed to be enrolled under the dual degree program unless the student’s enrollment status under the program is terminated as provided for in these provisions.

C. Course of Study under the Program.

i. A student enrolled in the dual degree program may commence studies under the program in either the Law School or Architecture and Planning, but must notify each school of that decision at or prior to the date established by each school for such notification. The date shall be established for the Law School by the Admissions Office. A dual degree program student is required to take his or her first year of Law School as a unit, exclusively in the Law School. Except as may be otherwise required by Architecture and Planning for the first year of Planning studies, the dual degree program student may otherwise take courses in Architecture and Planning or in the Law School, or both, as the student may desire and as may be necessary to meet the requirements of the degree programs of both schools.

iii. A dual degree program student shall inform the Registrar at the commencement of each term of all courses being taken under the dual degree program in Urban and Regional Planning, and shall consult with the program adviser at the beginning of each academic year concerning the student’s dual degree program. No dual degree program student shall be allowed to take fewer than 10 credit hours or more than 16 credit hours without receiving the consent of the program adviser in the Law School, if any of the courses are being taken in the Law School. In addition, if the dual degree program student is taking fewer than 10 aggregate credit hours toward the JD and MURP degrees in any term the program adviser may, in the exercise of his or her discretion, terminate the dual degree status of the student, unless the term is one in which the dual degree student has fewer than 10 credit hours remaining to be earned for both the MURP and JD degree.

D. Credit for Courses Taken at Architecture and Planning.

i. The Law School will grant credit towards the JD for up to 9 credit hours of acceptable performance in graduate level courses taken by a dual degree program student at Architecture and Planning. A student must have earned a grade of B- or equivalent in order for the performance to be acceptable for Law School credit. The Law School credit will be given on a pass basis, and will not be counted in the computation of class rank or in the computation of the cumulative grade point average graduation requirement for the JD.[104]

ii. Credit granted under this program for work taken at Architecture and Planning shall be provisional, and conditioned on the successful completion of the MURP degree program. If it appears to the program adviser that the dual degree program student will not complete the requirements of the MURP degree, the provisional credit shall be withdrawn; but the student may petition for award of credit hours as provided below.

iii. The program adviser may designate Architecture and Planning courses for which credit will be allowed under this program.

E. Academic or other Discipline; Termination of Dual Degree Enrollment.

i. The Law School will notify Planning if a student enrolled in the dual degree program is expelled or suspended for academic or non-academic reasons, or is subject to disciplinary action, or if any such student is placed on probation or is otherwise not continued in good standing at the Law School. A dual degree program law student must waive the confidentiality provision of the Honor Code to the extent necessary to permit disclosure of disciplinary matters to Architecture and Planning for this purpose. In matters involving academic ethics, the Law School shall have jurisdiction to determine under its own procedures whether misconduct has occurred, and the consequences thereof, with respect to credit to be given towards the JD and the standing of the student in the Law School. However, disciplinary expulsion or suspension of any dual degree program student shall apply to both schools as provided by University rules and regulations. If a student is suspended or placed on probation at either Architecture and Planning or the Law School, the program adviser of either school may determine whether the student shall continue in the dual degree program. The program adviser of either school may terminate the dual degree program enrollment of any student who takes fewer than 10 credit hours under the dual degree program in both schools, except for any term for which fewer than 10 credit hours remain to be earned for both the MURP and JD degrees.

ii. Termination of dual degree program status of a student terminates all obligations of the Law School to Architecture and Planning or to the student concerned under the dual degree program. Upon such termination, the Law School may treat the student as a degree student who is not affected by the dual degree program. No credit will be allowed such a student for courses taken at Architecture and Planning under the program unless granted on petition for such credit under applicable procedures.

45. JD-MD Dual Degree Program Understanding with the School of Medicine

The Law School and the Graduate School of Medicine desire to cooperate in a joint program under which students may be admitted to both schools and take course work in both schools on a coordinated basis, leading to the award of the degrees Juris Doctor (JD) by the Law School and Doctor of Medicine (MD) by the School of Medicine. In order to establish a JD-MD dual degree program, the Law School and the School of Medicine enter into this Understanding, which shall become effective when approved by the dean and faculty of each of the two schools.

A. Statement of Purpose. The challenge of delivering basic health care to every human being is one of the most compelling needs our society faces. This program will prepare students to address this problem from multiple vantage points, whether by treating patients, managing health care facilities, working in government and developing public policy, or practicing law. Students will study the science of health care delivery, as well as the legal and financial organization of the health care industry. This dual degree program will equip students to work to provide quality health care for all, equitably and justly, in a complex and changing world.

B. Administration. The JD-MD Dual Degree Program of the Law School and the School of Medicine shall be administered in each school by the dean, or a person designated by the dean, pursuant to this Understanding and under such policies, procedures and guidelines as the respective faculties of the schools may from time to time provide. The dean or person so designated to administer the dual degree program for a school is hereinafter referred to as the "program adviser" for that school.

C. Eligibility for and Enrollment in the Program. To be eligible for the JD-MD Dual Degree Program of the Law School and the School of Medicine, a person must apply separately to and be admitted by each of the two schools, under their respective admissions procedures and standards. Each school will make provision in its admissions materials for an applicant to elect to be enrolled in the dual degree program. Each school will promptly inform the other of the admission of an applicant, who has elected the dual degree program, and may otherwise share information and coordinate admissions for dual degree program students.

A person may elect the dual degree program at the time of initial application to both schools; or a student enrolled in the applicable degree program of either school may during his or her first year of study under the degree program of that school apply for admission to the other school and elect to be enrolled under the dual degree program.

A student who has elected the dual degree program and who has been admitted by both schools shall be deemed to be enrolled in each school under the dual degree program, unless the student's enrollment status in the dual degree program is terminated as provided under this Understanding.

D. Course of Study under the Program.

i. A student enrolled in the dual degree program may commence studies under the program in either the Law School or the School of Medicine, but must notify each school of that decision at or prior to the date established by each school for such notification. A dual degree program student is required by the Law School to take the first year of the JD curriculum as a unit exclusively in the Law School. A dual degree program student is required by the School of Medicine to take the first three phases of the MD Program as a unit exclusively in the School of Medicine. The two possible sequences of the Law and Medicine curricula are set forth below.

a. Sequence of the Program –

AY1	AY2	AY3	AY4	AY5	AY6
Law Year 1 + Law Summer Electives	Law Year 2 + Law Summer Electives	MD Phase 1	MD Phase II + USMLE Step 1	MD Phase III	MD Phase IV + Law Electives
MD Phase 1	MD Phase II + USMELE Step 1	MD Phase III	Law Year 1 + Law Summer Electives	Law Year 2 + Law Summer Electives	MD Phase IV + Law Electives

iii. A dual degree student shall be required to inform each school each term of all courses being taken under the program, whether or not being taken at that school. No student in the dual degree program shall be allowed to take fewer than 10 credit hours or more than 18 credit hours at the Law School during any term without receiving the consent of the program adviser in each school in which any of such courses are being taken. If for any term fewer than 10 aggregate credit hours are being taken towards the JD, either school may through its program adviser determine that the student may no longer continue in the dual degree program, as provided below.

E. Credit for Courses Taken at the Other School.

i. The Law School will grant credit towards the JD for up to 9 credit hours of acceptable performance in graduate level courses taken by a dual degree program student at the School of Medicine. A student must have earned a grade of B- or equivalent in the School of Medicine course in order for the performance to be acceptable for Law School credit. The Law School may accept School of Medicine course credit on a pass basis, and need not count the credit toward class standing or towards the graduation grade average requirements of the JD.

a. The School of Medicine Courses for which the Law School will grant credit towards the JD will be designated annually by the dean of the Law School or a designee. At the time of this Understanding, the Law School will allow credit for the following School of Medicine courses:

Ÿ PRMD 6606 – Ethical and Legal Issues in Public Health, Health Policy and Epidemiology

Ÿ PRMD 6607 – Current Legal Issues in Health Care

Ÿ PRMD 6619 – Perspectives in International Health

b. The School of Medicine will grant credit towards the MD for up to 9 credit hours of acceptable performance in Law School courses taken by a dual degree program student. A student must have earned a satisfactory grade in the Law School course, in order for the performance to be acceptable for School of Medicine credit. The School of Medicine may accept Law School credit toward class standing or toward the graduation grade average requirements of the MD.

c. Either school may grant credit for work taken at the other school under the program only provisionally and conditioned on the successful completion of the degree program of the other school. If it appears that the student will not complete the other school's degree requirements, such provisional credit may be withdrawn.

d. Each school may designate the courses of the other school for which credit will be allowed under this program.

F. Academic or other Discipline; Termination of Dual Degree Enrollment or of Good Standing.

46. JD-LLB Dual Degree Program with the University of Alberta, Canada

The J.D.-LL.B. (University of Alberta law degree might change to “J.D.”) Dual Degree Program (“the Dual Degree Program”) of the University of Colorado Law School (“Colorado Law”) and the University of Alberta Faculty of Law (“University of Alberta Law”) is established as a program of the Colorado Law and University of Alberta Law under the following policies, procedures and guidelines. Colorado Law and University of Alberta Law (together, the “Schools”) have entered into a Memorandum of Understanding with respect to the Dual Degree Program (“Agreement”). These policies, procedures, and guidelines for implementation of that Agreement shall conform to that Agreement as it may from time to time be altered, amended, or revised by the deans and faculties of both Schools.[105]

A. Colorado Law. These provisions implement the Dual Degree Program for Colorado Law. Students should also consult and comply with implementing provisions for the Dual Degree Program at University of Alberta Law.

i. Administration. The Dual Degree Program shall be administered in the Colorado Law by such person as the Dean may appoint for that purpose, under these policies, procedures, and guidelines. The person so designated to administer the program is hereinafter referred to as the Colorado Law "Dual Degree Program Advisor". The Dual Degree Program Advisor and such other person or persons as the Dean shall appoint shall constitute a joint committee with equal numbers of University of Alberta Law representatives. The joint committee and the Colorado Law representatives shall be responsible for providing coordination of the Dual Degree Program in the Schools and for providing advice and recommendations to the dean and faculty concerning the operation of the program.

ii. Eligibility for Enrollment in the Dual Degree Program

a. To be eligible to be enrolled in the Dual Degree Program, a person must apply separately to and be admitted by each School, under their respective admissions procedures and standards. The Colorado Law admissions materials shall contain provision for an applicant to elect to be enrolled in the Dual Degree Program. The Colorado Law’s Admissions Office shall promptly notify University of Alberta Law of the admission of an applicant who has elected the Dual Degree Program, and may otherwise share information or coordinate actions with University of Alberta Law in the admission of Dual Degree Program students.

b. A Colorado Law applicant may elect the Dual Degree Program at the time of his or her initial application to both schools. In addition, a student enrolled in the Colorado Law JD program may apply to University of Alberta Law during his or her first year of study, and may elect to be enrolled under the Dual Degree Program if accepted by University of Alberta Law before the end of his or her first year of study at Colorado Law. During the first full academic year following the date of this Agreement, students entering their second year of study at the Schools may also elect to participate in the Dual Degree Program if accepted by either school respectively.

c. A person who has elected the Dual Degree Program and who has been admitted at both schools shall be deemed to be enrolled under the Dual Degree Program unless the student's enrollment status under the program is terminated as provided for in these provisions.

iii. Course of Study under the Dual Degree Program

a. A student enrolled in the Dual Degree Program (a “Dual Degree Student”) may commence studies under the program at either School, but must notify each school of that decision at or prior to the date established by each school for such notification. The date shall be established for Colorado Law by its Admissions Office.

b. A Dual Degree Student is required to take his or her first two years exclusively and continuously at either school. Subsequently, the student must take his or her third and fourth years exclusively and continuously at the other school. All Dual Degree Students must complete their entire course of study within 5 years of enrolling in the Dual Degree Program, however under extraordinary circumstances and with written permission from the Advisors from both schools, such time period may be extended.

c. A total of 89 credit hours is required for the Colorado Law JD degree, with at least 32 credit hours taken in residence at Colorado Law; a total of 92 credit hours is required for the University of Alberta Law LLB degree with at least 60 credit hours taken in residence at University of Alberta Law.

d. A Dual Degree Student shall, at all times during which that enrollment continues in effect, be considered to be a Colorado Law enrolled student, and shall be entitled to the privileges of an enrolled student in the school consistent with his or her status as a Dual Degree Student, whether or not the student is at the time taking courses in Colorado Law. While the student is taking any courses at Colorado Law such privileges include: access to the Colorado Law library on the same basis as other law students, including check-out privileges and carrel assignment privileges; student locker privileges; student notice box privileges; access to support from all Offices, including Career Development, Student Affairs, International Education, and Registrar; membership in the Student Bar Association and in other student organizations for which the student is qualified for membership; access to the student bookstore, lounge, and other student facilities of the school; and access to parking in the Colorado Law preference lots on the same basis as other law students. Whether or not the Dual Degree Student is taking courses at Colorado Law during any particular term, the student has the same right to course sign-ups, preferences, and lotteries for the next term as if the student were taking courses at Colorado Law as a full-time law student; provided, however, that the student shall be responsible for contacting the Registrar or observing Colorado Law administrative bulletin boards for notices concerning such course and registration information.

e. A Dual Degree Student shall inform the Registrar at the commencement of each term of all courses being taken under the Dual Degree Program at University of Alberta Law, and shall consult with the Dual Degree Program Advisor at the beginning of each academic year concerning the student's Dual Degree Program. No Dual Degree Student shall be allowed to take fewer than 10 credit hours or more than 15 credit hours per term without receiving the consent of the Advisors at both Schools.

iv. Credit for Courses Taken at the University of Alberta

a. Colorado Law shall grant credit toward the JD for up to 32 credit hours of acceptable performance in pre-approved law courses taken by a Dual Degree Student at the University of Alberta. A student must have earned a grade of C or better in each University of Alberta Law course for the performance to be acceptable for Colorado Law credit. Colorado Law credit shall be given on a pass basis, and shall not be counted in the computation of class rank or in the computation of the cumulative grade point average JD graduation requirement.[106]

b. Credit granted under the Dual Degree Program for work taken at University of Alberta Law shall be provisional, and conditioned on the successful progress toward the University of Alberta Law LLB. If it appears to the Colorado Law Dual Degree Program Advisor that the Dual Degree Student shall not complete the requirements of the University of Alberta Law LLB, the provisional credit shall be withdrawn; but the student may petition for award of credit as provided below.

c. Dual Degree Students who commence the Dual Degree Program at Colorado Law must complete the following courses at Colorado Law: the entire First Year Curriculum (Civil Procedure, Contracts, Legal Writing, Legislation and Regulation, Torts, Property, Appellate Advocacy, Constitutional Law, Criminal Law, and Property), Evidence, Legal Ethics and Professionalism, at least one approved Seminar, and the Practice Course Requirement. Students who commence the Dual Degree Program at University of Alberta Law must complete the following courses at University of Alberta Law: the entire first year curriculum (Contracts, Torts, Criminal, Property, Constitutional Law, Legal Research and Writing, Foundations of Law), Evidence, Professional Responsibility, Civil Procedure, Corporations, Conflict of Laws, Administrative Law, one of either Jurisprudence or Legal History, and complete the written work requirement.

d. Dual Degree Students who commence the Dual Degree Program at University of Alberta Law must complete the Colorado Law requirements as listed in Subsection c., except that students may petition the Colorado Law Dean to waive specific requirements where their equivalent has been completed at University of Alberta Law. Dual Degree Students who commence the Dual Degree Program at Colorado Law must complete the University of Alberta Law requirements as listed in Subsection c., except that students may petition the Dean of University of Alberta Law to waive specific requirements where their equivalent has been completed at Colorado Law. All Dual Degree Students, whether commencing at either school must take Constitutional Law at both schools.

e. The Dual Degree Advisors, in consultation with their respective Registrars or the joint committee established under Section i. above shall determine, in advance of the Dual Degree’s commencement, which University of Alberta Law courses may be taken for credit towards the JD and which Colorado Law courses may be taken for credit towards the University of Alberta degree.

f. The Dual Degree Advisor of each School may from time to time designate additional courses for which credit shall be allowed or required under the Dual Degree Program.

v. Academic or other Discipline; Termination of Dual Degree Program Enrollment

a. Colorado Law shall notify University of Alberta Law if a Dual Degree Program Student is expelled or suspended for academic or non-academic reasons, or is subject to disciplinary action, or if any such student is placed on probation or is otherwise not continued in good standing at the Colorado Law. A Dual Degree Student must waive the confidentiality provision of the Honor Code to the extent necessary to permit disclosure of disciplinary matters to University of Alberta Law for this purpose. In matters involving academic ethics, Colorado Law shall have jurisdiction to determine under its own procedures whether misconduct has occurred, and the consequences thereof, with respect to credit to be given towards the JD and the standing of the student in the Colorado Law.

b. If a Dual Degree Student is suspended or placed on probation at either school, the Dual Degree Program Advisor of either school may determine whether the student shall continue in the Dual Degree Program.

c. The Dual Degree Program Advisor of either school may terminate the enrollment of a Dual Degree Student who takes less than 10 credit hours per term under the Dual Degree Program in both schools, except for any term for which fewer than 10 credit hours remain to be earned for both the LLB and JD degrees.

d. Termination of Dual Degree Student status of a student terminates all obligations of Colorado Law to University of Alberta Law with respect to that student, and all obligations of Colorado Law to the student concerned under the Dual Degree Program. Upon such termination, Colorado Law may treat the student as a degree student who is not affected by the Dual Degree Program. No credit shall be allowed such a student for courses taken at University of Alberta Law under the Dual Degree Program unless granted on petition for such credit under applicable procedures.

e. A student who has elected the Dual Degree Program and who has been admitted by both schools shall be deemed to have consented to the exchange of the student’s academic records and information between the two schools

vi. Fees

a. Dual Degree Students who are attending Colorado Law must pay to Colorado Law full tuition and other mandatory and required fees established for Colorado Law students for the periods that they are attending the school. These fees include Instruction, Registration and Transcript, Student Services, Athletics and Recreation, Health Services, and Student’s Union fees.

b. Health Insurance. All students attending University of Alberta Law for less than 12 months who are not Canadian citizens or permanent residents and who therefore do not have Alberta Health Care Insurance are required to participate in the University of Alberta Health Insurance Program and to pay the required premiums to the University of Alberta for this health insurance. Dual Degree Students attending Colorado Law must purchase the medical/health insurance as required by the University of Colorado. Medical and health costs not covered by insurance must be paid by the student.

c. All expenses incurred by Dual Degree Students will be borne by the individuals, including but not limited to charges for tuition and required fees, non-required fees, health insurance and medical expenses, housing accommodations, food, round trip transportation, in-country travel, books and supplies, vacation and other personal expenses. However, the parties will provide information to assist incoming Dual Degree Students in their acquisition of housing accommodations.

vii. Contact Information. Correspondence about this Agreement shall be addressed to the following:

Office of International Education
University of Colorado at Boulder
123 UCB
Boulder, CO 80309-0123
Tel: (303) 492-6016
FAX: (303) 492-5185

Vice-Dean
University of Alberta Faculty of Law
489 Law Centre
Edmonton, Alberta
Tel: (780) 492-2151
Fax: (780) 492-4924

B. The University of Alberta. These provisions implement the Dual Degree Program for University of Alberta Law. Students should also consult and comply with implementing provisions for the Dual Degree Program at the Colorado Law.

i. Administration. The Dual Degree Program shall be administered for University of Alberta Law by such person as the dean may appoint for that purpose, under these policies, procedures, and guidelines. The person so designated to administer the program is hereinafter referred to as the University of Alberta Law "Dual Degree Advisor.” The Dual Degree Program Advisor and such other person or persons as the dean shall appoint shall constitute a joint committee with equal numbers of representatives of the Colorado Law. The joint committee and the University of Alberta representatives shall be responsible for providing coordination of the Dual Degree Program in the two schools and for providing advice and recommendations to the dean and faculty concerning the operation of the program.

ii. Eligibility for Enrollment in the Dual Degree Program

a. To be eligible to be enrolled in the Dual Degree Program, a person must apply separately to and be admitted by each school, under their respective admissions procedures and standards. University of Alberta Law admissions materials shall contain provision for an applicant to elect to be enrolled in the Dual Degree Program. University of Alberta Law Admissions Office shall promptly notify Colorado Law of the admission of an applicant who has elected the Dual Degree Program, and may otherwise share information or coordinate actions with the Colorado Law in the admission of Dual Degree Program Students.

b. A University of Alberta Law applicant may elect the Dual Degree Program at the time of his or her initial application to both schools. In addition, a student enrolled in the University of Alberta Law LLB may apply to Colorado Law during his or her first year of study, and may elect to be enrolled under the Dual Degree Program if accepted by Colorado Law before the end of his or her first year of study at Colorado Law. During the first full academic year following the date of this Agreement, students of the Schools entering their second year of study may also elect to participate in the Dual Degree Program if accepted by either school respectively.

iii. Course of Study under the Dual Degree Program

a. A student enrolled in the Dual Degree Program (a “Dual Degree Student”) may commence studies under the program at either school, but must notify each school of that decision at or prior to the date established by each school for such notification. The date shall be established for University of Alberta Law by its Admissions Office.

c. A total of 89 credit hours is required for the Colorado JD, with at least 45 credit hours taken in residence at Colorado Law; a total of 92 credit hours is required for the University of Alberta Law LLB from with at least 60 credit hours taken in residence at University of Alberta Law.

d. A Dual Degree Student shall, at all times during which that enrollment continues in effect, be considered to be a University of Alberta Law enrolled student, and shall be entitled to the privileges of an enrolled student in that school consistent with his or her status as a Dual Degree Student, whether or not the student is at the time taking courses at University of Alberta Law. While the student is taking any courses at University of Alberta Law such privileges include: access to the University of Alberta library on the same basis as other law students; student locker privileges; membership in the Law Students Association and in other student organizations for which the student is qualified for membership; access to the Common Room and other student facilities of the school; and access to parking on the University of Alberta campus on the same basis as other law students. Whether or not the Dual Degree Student is taking courses at University of Alberta Law during any particular term, the student has the same right to course registration participation as if the student were taking courses at University of Alberta Law as a full time law student; provided, however, that the student shall be responsible for contacting the Admissions Coordinator, observing University of Alberta Law electronic bulletin boards, and reviewing e-mail messages to the student’s University of Alberta e-mail account for notices concerning course and registration information.

e. A Dual Degree Student shall inform the Admissions Coordinator at the commencement of each term of all courses being taken under the Dual Degree Program at University of Alberta Law, and shall consult with the Dual Degree Program Advisor at the beginning of each academic year concerning the student's Dual Degree Program. No Dual Degree Student shall be allowed to take fewer than 10 credit hours or more than 15 credit hours per term without receiving the consent of the Dual Degree Program Advisors at both schools.

iv. Credit for Courses Taken at the University of Alberta

a. University of Alberta Law shall grant credit toward the LLB for up to 32 credit hours of acceptable performance in pre-approved law courses taken by a Dual Degree Student at the Colorado Law. A student must have earned a grade of C or better in each course at the Colorado Law to be acceptable for University of Alberta Law credit. University of Alberta Law credit shall be given on a block-credit basis, and shall not be counted in the computation of the grade point average requirement for the University of Alberta Law LLB.

b. Credit granted under the Dual Degree Program for work taken at University of Alberta Law shall be provisional, and conditioned on the successful progress toward the Colorado Law JD. If it appears to the Dual Degree Program Advisor at University of Alberta Law that the Dual Degree Student shall not complete the requirements of the JD, the provisional credit shall be withdrawn; but the student may petition for award of credit as provided below.

c. Students who commence the Dual Degree Program at the University of Alberta Law must complete the following courses at that school: the entire first year curriculum (Contracts, Torts, Criminal, Property, Constitutional Law, Legal Research and Writing, Foundations of Law), Evidence, Professional Responsibility, Civil Procedure, Corporations, Conflict of Laws, Administrative Law, one of either Jurisprudence or Legal History, and complete the written work requirement. Dual Degree Students who commence the Dual Degree Program at Colorado Law must complete the following courses at that school: the entire First Year Curriculum (Civil Procedure, Contracts, Legal Writing, Legislation and Regulation, Torts, Property, Appellate Advocacy, Constitutional Law, Criminal Law, and Property), Evidence, Legal Ethics and Professionalism, at least one approved Seminar, and the Practice Course Requirement.

d. Dual Degree Students who commence the Dual Degree Program at Colorado Law must complete the University of Alberta Law requirements as listed in Subsection c., except that students may petition the University of Alberta Law Dean to waive specific requirements in which their equivalent has been completed at Colorado Law. Dual Degree Students who commence the Dual Degree Program at University of Alberta Law must complete the Colorado Law requirements as listed in Subsection c., except that students may petition the Colorado Law Dean to waive specific requirements in which their equivalent has been completed at University of Alberta Law. All Dual Degree Students, whether commencing at either school must take Constitutional Law at both schools.

e. The Dual Degree Program Advisors, in consultation with their respective Registrars or the joint committee established under Section i above, shall determine, in advance of the Dual Degree Program’s commencement, which University of Alberta Law courses may be taken for credit towards the Colorado Law JD and which Colorado Law courses may be taken for credit towards the University of Alberta Law LLB.

f. The Dual Degree Program Advisor of each school may from time to time designate additional courses for which credit shall be allowed or required under the Dual Degree Program.

v. Academic or other Discipline; Termination of Dual Degree Program Enrollment

a. University of Alberta Law shall notify Colorado Law if a Dual Degree Program Student is expelled or suspended for academic or non-academic reasons, or is subject to disciplinary action, or if any such student is placed on probation or is otherwise not continued in good standing at University of Alberta Law. A Dual Degree Student must waive confidentiality to the extent necessary to permit disclosure of disciplinary matters to Colorado Law for this purpose. In matters involving academic ethics, University of Alberta Law shall have jurisdiction to determine under its Code of Student Behavior whether misconduct has occurred, and the consequences thereof, with respect to credit to be given towards the LLB and the standing of the student in University of Alberta Law.

c. The Dual Degree Program Advisor of either school may terminate the enrollment of a Dual Degree Student who takes fewer than 10 credit hours per term under the Dual Degree Program in both schools, except for any term for which fewer than 10 credit hours remain to be earned for both the LLB and JD degrees.

d. Termination of Dual Degree Student status of a student terminates all obligations of University of Alberta Law to Colorado Law with respect to that student, and all obligations of Colorado Law to the student concerned under the Dual Degree Program. Upon such termination, University of Alberta Law may treat the student as a degree student who is not affected by the Dual Degree Program. No credit shall be allowed such a student for courses taken at Colorado Law under the Dual Degree Program unless granted on petition for such credit under applicable procedures.

vi. Fees

a. Dual Degree Students who are attending University of Alberta Law must pay to the University of Alberta full tuition and other mandatory and required fees established for students of that school for the periods that they are attending the school. At the University of Alberta these fees include Program (differential), Instruction, Registration and Transcript, Student Services, Athletics and Recreation, Health Services, Student’s Union, Law Faculty Student Fund, and U-Pass fees; non-resident students may also be required to pay the International differential fee.

b. All students attending University of Alberta Law for less than 12 months who are not Canadian citizens or permanent residents and who therefore do not have Alberta Health Care Insurance are required to participate in the University of Alberta Health Insurance Program and to pay the required premiums to the University of Alberta for this health insurance.

C. COMMON PROVISIONS

i. The Dual Degree program Advisors and their contact details are as follows:

Associate Dean of Academic Affairs
Colorado Law
401 UCB
Boulder, CO 80309-0123
Tel: (303) 492-8047
FAX: (303) 492-1757

Vice-Dean
University of Alberta Faculty of Law
489 Law Centre
Edmonton, Alberta
Tel: (780) 492-2151
FAX: (780) 492-4924

ii. Effective Date. This Agreement will come into effect upon execution and will remain in force until the expiry of the Agreement. The Agreement may be terminated by the appropriate authority of either party giving 12 months written notice to the other party unless an earlier termination date is mutually agreed upon. This Appendix may be amended by mutual written consent of the parties.

iii. Accommodation. Each school shall provide information to assist students from the other school to obtain housing by allowing students full access to the resources made available to all other students at each respective school. The cost and responsibility for securing such housing shall be the student’s.

iv. Report. Each school will prepare a report at the end of the fourth year following the approval of the Agreement outlining the progress of the Dual Degree Program. The reports will include an assessment of any problems that occurred and barriers that were encountered in implementing the Dual Degree Program. The reports shall be exchanged between the schools and used in the making of recommendations for renewal of the Agreement.

v. Responsibilities of each School after Admission of Dual Degree Students.

a. Each school will in a timely manner provide the accepted Dual Degree Student with a formal letter of admission and other documents as may be required for establishing the participants' student status for visa and other purposes. These documents shall be sent through the home institution. Neither School shall assume liability should students be unable to receive an appropriate visa.

b. All student services and facilities of each school will be made available to Dual Degree Students to the same extent as that enjoyed by regularly enrolled students at the host institution.

c. Upon completion of the period of study, each school will send an academic transcript of all coursework attempted by the Dual Degree Student to the appropriate office of the home institution. Both schools may duly recognize the credits for the courses taken by the Dual Degree Students at the host institution in accordance with its own regulations and procedures.

vi. Academic Evaluation. Each school shall be governed by its own laws, policies, and procedures governing the award of grades and degrees and the determination of academic deficiencies.

vii. Authority to Discipline. Each school shall have the authority to discipline (up to and including dismissal or expulsion) the other party’s Dual Degree Student should that student violate any law or regulation of each institution or be found by a court of law to have violated any law of the host country.

viii. Applicable Law. While enrolled in this program, Dual Degree Students shall be subject to the laws, regulations, policies, and procedures applicable to each institution. This Agreement shall be interpreted pursuant to the laws of the State of Colorado.

ix. Notice of Withdrawal. Whatever the reasons for a Dual Degree Student's early withdrawal, each school will promptly inform the other institution and other officials who, by regulation, need to be informed.

x. Non-Discrimination. The parties agree that no person shall on the grounds of race, color, religion, national origin, sex, sexual orientation, or physical disability, be excluded from participation under the terms of this agreement.

47. Tax Emphasis Degree Program

The Faculty of the Law School has approved a program of law study leading to the award of a Juris Doctor (JD) degree with a special notation that the student has attained an emphasis in the area of taxation. The Tax Emphasis Degree Program requires a participating student to earn not less than 95 credit hours for graduation (as contrasted with the usual 89 credit hours), and to earn at least 18 of these credit hours in the area of taxation. The program can be completed within the normal three year law degree period if a student takes either a summer session of law school, or a somewhat heavier than average load in each semester after the first year of law study.[107]

This program is designed to provide a student with a credential which the Law School believes will be attractive to many potential employers. The degree will signify taxation law experience beyond the experience normally obtained by law graduates, and intermediate between the normal law school experience and that obtained in a Masters of Taxation degree program. The School believes that a number of employers desire law graduates with additional experience in the taxation area, but are unwilling to incur the additional expense required, or are unable to provide the full-time work in the tax area necessary, to hire a person with a graduate tax degree. Both our Law Alumni Board and our Board of Visitors have been enthusiastic about this program, and have assisted us in supporting it with University's Central Administration. The program has also received the support of a number of members of the accounting profession employing law graduates.

A similar approach is being taken by the University's Graduate School of Business and Administration, which will offer the degree Master of Science in Accounting with an Emphasis in Taxation to graduate students who take a heavier than normal number of taxation courses under that degree program. In order to provide an enriched curriculum in the tax area for these programs, the two schools are combining their tax offerings for students who are enrolled in the special tax emphasis degree program of either school.

Law students who wish to participate in the program should contact the Registrar. The program requires completion of the normal requirements for the JD degree, augmented by an additional 6 credit hours (for a total of 95 credit hours). A minimum of 18 credit hours must be obtained in the area of taxation, as follows:

Ÿ Income Taxation (4 credit hours, LAWS 6007-4)

Ÿ Federal Estate and Gift Tax (3 credit hours, LAWS 7207-3)

Ÿ At least one business entity taxation course:

Ÿ Taxation of Conduit Entities (LAWS 6167-3): The same course, offered at the Business School, is titled Partnership Taxation. Students may satisfy this requirement with the Business School course.

Ÿ Corporate Taxation (LAWS 6157-3)

Ÿ Survey of Business Entities Taxation (LAWS 6117-3)

Ÿ At least one planning course (2 or 3 credit hours):

Ÿ Business Planning (3 credit hours, LAWS 7211-3)

Ÿ Estate Planning (2 credit hours, LAWS 7217-2)

Ÿ Real Estate Planning (3 credit hours, LAWS 7024-3)

Ÿ A tax policy course (2 or 3 credit hours): Tax Policy at the Law School or the Business School (2 or 3 credit hours), or Public Finance in the Economics Department (3 credit hours)

A sufficient additional number of elective credit hours to make up the minimum 18 credit hours, chosen from among the tax courses in the Law School or from among the graduate tax offerings in the Business School approved for law credit.

Business School and Economics Department courses taken for law school credit under the Tax Emphasis Degree Program are limited to 6 credit hours and must have received prior approval for crosslisting from the Curriculum Committee, or from the Dean to the extent approval authority is delegated to the Dean. (Courses which cover the same subject matter as courses taught at the Law School will not normally be approved for crosslisting under the Law School's crosslisting standards; however, if t here is only a partial overlap in coverage, crosslisting credit may be provided for the non-overlapping portion of the course.) A student must receive at least a B grade in the Business School course or in the Public Finance course in order for the course to count for Law School credit under the program. The Business School or Public Finance courses will be treated as pass/fail courses for the Law School transcript; that is, these courses will count toward the 95 credit hours required for the degree but will not be taken into account in computing the law student's grade point average.

A student may take more than the required 18 credit hours of tax courses under the Tax Emphasis Degree Program. However, in order to ensure that the student's law program is sufficiently broad, the faculty requires that not less than 73 credit hours must be received in courses outside of the taxation area.

A student may receive credit for Survey of Business Enterprise Taxation and also for Corporate Taxation and/or Taxation of Conduit Entities if the student enrolls first in the survey course. A student may not receive credit for Survey of Business Enterprise Taxation if s/he has already taken either Corporate Taxation or Taxation of Conduit Entities.

48. Guidelines for Certificate Programs

A. Course and Instructor Availability. Courses needed to satisfy the certificate program, and faculty to offer such courses, should be already included in the curriculum and offered on a regular basis. Any certificate program should require a substantial number of such courses to satisfy its requirements.

B. Academic Requirements. A student who satisfies all of the course requirements for a certificate program shall be awarded the certificate if the student earned a grade of at least 72 in each course designated by the student as satisfying the certificate requirements (a grade of C for students who matriculate Fall 2010 semester or later). A student who satisfies all of the course requirements for a certificate program would be awarded the certificate “with honors” if the student earned at least an 86 cumulative grade point average in courses designated by the student as satisfying the certificate requirements (A- for students who matriculate Fall 2010 semester or later).[108]

C. Capstone. The certificate should require a clinical, externship or seminar experience in the area of specialization.

D. Elective Courses. The program should require that the list of elective courses needed to satisfy the certificate may be altered by the Academic and Student Affairs Committee in consultation with the advisor to the certificate program.

E. Additional Credit Hours. The program should require students to earn at least 6 credit hours beyond the minimum number of credit hours required for graduation.

F. Sunset. Certificate programs should demonstrate not only a student interest in the program in advance of approval, but continued interest thereafter. Therefore, the Academic and Student Affairs Committee shall reconsider any certificate program that does not average at least 5 graduates per year over a rolling three-year period. (To allow a sufficient ramp-up period, the first year of the average would be the fourth year after the program is implemented.) The Committee’s review shall consider, among other things, whether the resources committed by the law school to the certificate program are worthwhile, given the number of students participating in the certificate program.

49. American Indian Law Certificate

The Faculty of the Law School has approved a program of law study leading to the award of a Juris Doctor (JD) degree with a special notation that the student earned a Certificate in American Indian Law. To be awarded the Certificate, a participating student to must earn no fewer than 95 credit hours for graduation (as contrasted with the usual 89 credit hours), and earn at least 18 credit hours in the area of American Indian Law. The program can be completed within the normal three-year law degree if a student takes either a summer session of law school, or a somewhat heavier than average course load in each semester after the first year of law study.

The American Indian Law Certificate Program is designed to achieve several specific goals. First, the Certificate provides a student with a credential that the Law School believes is attractive to many potential legal, tribal, and governmental employers, as well as employers seeking to do business with American Indian tribes and tribal members. The Certificate indicates American Indian law experience beyond that which is normally obtained by law graduates. Second, the Certificate Program signifies the Law School’s dedication to the area of American Indian Law. Colorado Law’s prime location in the metro-Denver area, often referred to as the “Hub of Indian Country,” is the home to more than 30,000 Native Americans from more than 20 tribes. Third, the Certificate Program provides incentive to diverse and high quality law school candidates, especially American Indian, Alaska Native and Native Hawaiian prospective students, to seek admission to Colorado Law.

The program has the support of the long-standing American Indian Law Clinic Advisory Committee, which is comprised of Colorado Law alumni practicing in Indian law, the Native American Rights Fund (NARF), representatives of local Indian law firms, and representatives of government and private agencies serving the Colorado Native American community.

Law students who wish to participate in the program should contact the American Indian Law Program Coordinator to obtain an application. The program requires completion of the normal requirements for the JD degree, augmented by an additional 6 credit hours (95 credit hours total). A minimum of 18 credit hours must be obtained in the area of American Indian law. The following are mandatory courses:

Ÿ American Indian Law (3 credit hours, LAWS 7725)

Ÿ Advanced American Indian Law (2 credit hours, LAWS 7735)

Ÿ American Indian Law Clinic (8 credit hours; LAWS 7309)

The remaining required credits may be earned from the following:[109]

Ÿ Advanced Topics in American Indian Law (2 credit hours, LAWS 8725)

Ÿ Jurisdiction in Indian Country (2 credit hours, LAWS 7745)

Ÿ Externship in accordance with Miscellaneous Rule 24 with an American Indian law focus (1 or 2 credit hours)

Ÿ Compete in the National Native American Law Students Association Moot Court Competition (1 credit hour if allowable under Law School Rules)

Ÿ Independent Legal Research Project focusing on a topic of American Indian Law in accordance with Rule § 3-2-6 (1 credit hour)

Ÿ An American Indian Law course at another law school on a topic not regularly offered at Colorado Law School in accordance with Rule § 3-4-1 (1 or 2 credit hours)

The following courses which contain significant coverage of American Indian law topics may either count toward the Certificate requirements as Indian law courses or may satisfy graduation requirements as courses outside of the area of American Indian law:

Ÿ Foundations of Natural Resources Law and Policy (3 credit hours, LAWS 6112)

Ÿ Cultural Property Law (3 credit hours, LAWS 6602)[110]

Ÿ Water Resources Law (3 credit hours, LAWS 6302)

Ÿ Public Land Law (3 credit hours, LAWS 6002)

Ÿ Advanced Natural Resources Law Seminar (2 or 3 credit hours, LAWS 8112)

Ÿ North American Indian Acculturation (3 credit hours; ANTH 5560 at the CU School of Anthropology if approved by the Law School for cross-listing)

A student may take more than the required 18 credit hours of Indian law courses under the Certificate Program. However, in order to ensure that the student's law program is sufficiently broad, the faculty requires that no fewer than 73 credit hours be received in courses outside of the area of American Indian law.

50. Entrepreneurial Law Certificate

The Faculty of the Law School has approved a program of law study leading to the award of a Juris Doctor (JD) degree with a special notation that the student has earned a Certificate in Entrepreneurial Law. To qualify for the Certificate, a participating student must earn not less than 95 credit hours for graduation (as contrasted with the usual 89 credit hours) and earn at least 21 of these credit hours in the area of Entrepreneurial Law. The Certificate can be completed within the normal three-year law degree period if a student takes either a summer session of law school or a somewhat heavier than average load in each semester after the first year of law study.

At least three purposes animate the Law School's Entrepreneurial Law Certificate offering. First, the Certificate prepares students for the specialized nature of today's legal profession. In so doing, the process of earning the certificate provides curricular guidance to students and promotes a comprehensive doctrinal foundation upon which transactional expertise can be built. Second, the certificate signals to prospective employers that a student who completes the program possesses a skill set with applicability across issues of transactional law. Notably, the practice of Entrepreneurial Law is located at the intersection of inter alia technology, finance, employment, tax, securities and intellectual property law. Accordingly, the Certificate represents not just an ability to advise start-ups and small businesses, but it represents a concentration of course work addressing a wide range of issues typically faced by transaction side lawyers. And third, in addition to traditional classroom course offerings, the Entrepreneurial Law Certificate coordinates Colorado Law strengths and business-law related assets in the areas of entrepreneurial and technology law, including the Silicon Flatirons Center, the Entrepreneurial Law Clinic (in cooperation with Hogan & Hartson LLP), and the Journal on Telecommunications & High Technology Law.

Law students who wish to participate in the program should contact [the Registrar and the advisor to the Certificate]. The Certificate requires completion of the normal requirements for the JD, augmented by an additional 6 credit hours (total of 95 credit hours). A minimum of 21 credit hours must be obtained in the area of entrepreneurial law, as follows:

Ÿ Mandatory core courses (6 credit hours): Students must complete two core courses: (i) Corporations (LAWS 6211); and (ii) Venture Capital (LAWS 7271) or Deals (LAWS 7101).

Ÿ Capstone (2 credit hours): As a capstone to the Certificate, students must complete at least two credit hours in an applied transactional practice environment, either (i) the Entrepreneurial Law Clinic (LAWS 7619), or (ii) an Externship approved by the ELC advisor.

Ÿ Business School (3 credit hours): Students must take at least one of the following three graduate-level courses in the Leeds School of Business: (i) MBAX 6100 -Entrepreneurship and Small Business Management; (ii) MBAX 6110 -Entrepreneurial Finance; or (iii) MBAX 6170 – Business Planning. If circumstances warrant, the MBA requirement may be waived after consultation with the Law School advisor to the Entrepreneurial Law Certificate program.

Ÿ IP (3 credit hours): Students must complete at least one of the following intellectual property courses: (i) Patent Law (LAWS 7311), (ii) Trademark and Unfair Competition (LAWS 7341), (iii) Copyright (LAWS 7301), or (iv) Introduction to Intellectual Property Law (LAWS 6301).

Ÿ Tax (3 credit hours): Students must complete at least one of the following courses: (i) Corporate Taxation (LAWS 6157), (ii) Income Taxation (LAWS 6007), (iii) Survey of Business Enterprise Taxation (LAWS 6117), or (iv) Taxation of Conduit Entities (LAWS 6007).

Ÿ Additional Elective Related Courses (4 or more credit hours): Students must complete at least four credit hours selected among the following courses: [111]

― Accounting Issues for Lawyers (LAWS 6281)

― Advanced Corporate Laws (LAWS 8251)

― Agency, Partnership and the LLC (LAWS 6201)

― Antitrust (LAWS 7201)

― Bankruptcy (LAWS 7021)

― Business Planning (LAWS 7211)

― Business Transactions (LAWS 7601)

― Commercial Drafting (LAWS 7051)

― Copyright (LAWS 7301)

― Corporate Taxation (LAWS 6157)

― Deals (LAWS 7101)

― Employment Law (LAWS 6521)

― Income Taxation (LAWS 6007)

― International Business Transactions (LAWS 7611)

― Introduction to Intellectual Property Law (LAWS 6301)

― Law and Economics of the Information Age (LAWS 8341)

― Legal Negotiation (LAWS 7409)

― Mergers, Acquisitions and Reorganizations (LAWS 7411)

― Patent Law (LAWS 7311)

― Secured Transactions (LAWS 6021)

― Securities Regulation (LAWS 7401)

― Standards and Standardization Wars (LAWS 7371)

― Survey of Business Enterprise Taxation (LAWS 6117)

― Tax Policy (LAWS 8407)

― Taxation of Conduit Entities (LAWS 6167)

― Telecommunications Law and Policy (LAWS 7241)

― Trademark arid Unfair Competition Law (LAWS 7341)

― Venture Capital and Private Equity (LAWS 7271)

― Entrepreneurship and Small Business Management (MBAX 6100 at the Business School)

― Entrepreneurial Finance (MBAX 6110 at the Business School)

― Business Planning (MBAX 6170 at the Business School)

A student who satisfies all of the course requirements for the Certificate shall be awarded the certificate if the student earned a grade of at least a 72 in each course designated by the student as satisfying the Certificate requirements (C for students matriculating Fall 2010 semester or later).[112]

51. Juvenile and Family Law Certificate

The Faculty of the Law School has approved a program of law study leading to the award of a Juris Doctor (JD) degree with a special notation that the student has earned a Juvenile and Family Law Certificate. To qualify for the Certificate, a participating student must earn not less than 95 credit hours for graduation (as contrasted with the usual 89 credit hours), and earn at least 18 of these credit hours in the area of juvenile and family law. The Certificate can be completed within the normal three-year law degree period if a student takes either a summer session of law school or a somewhat heavier than average load in each semester after the first year of law study.

There are several reasons for offering a Juvenile and Family Law Certificate. First, the field of juvenile and family law is very competitive to enter. The Certificate is designed to provide a student with a credential that the Law School believes will be attractive to many potential employers. The Certificate will signify juvenile and family law experience beyond that normally obtained by law graduates. Second, the Certificate will help the Law School recruit students interested in this field and enable the school to compete with several peer schools that have specialized offerings in juvenile and family law. Third, the Law School has a strong tradition and commitment to public service. The practice requirements of the Certificate, and in particular the Juvenile Law Clinic, are an important means of furthering this tradition and commitment. Externships with local juvenile or family law firms, courts, government agencies, and non-profit entities also provide students with practical experience in the field while delivering legal assistance to those most in need. Finally, although it is competitive to find a job in juvenile and family law, once a student does enter the field and gain experience, there is ample opportunity for a successful career. The challenge, however, is preparing students for this field and helping them obtain their first job.

Law students who wish to participate in the program should contact the Registrar to determine the faculty advisor to the Certificate. The Certificate requires completion of the normal requirements for JD, augmented by an additional 6 credit hours (total of 95 credit hours). A minimum of 18 credit hours must be obtained in the area of juvenile and family law, as follows:

Ÿ Core courses (required for all participants)

Ÿ Family Law

Ÿ One of the following:

Ÿ Juvenile Justice

Ÿ Domestic Violence

Ÿ Parent, Child, and the State

Ÿ Specialized elective courses (participants may select from the following courses, all of which contain significant application to the field of juvenile and family law):[113]

― Accounting for Lawyers

― Alternative Dispute Resolution

― Bankruptcy

― Domestic Violence

― Education Law

― Estate Planning

― Health Law

― Human Rights

― Juvenile Justice

― Mediation

― Negotiation

― Parent, Child, & the State

― Poverty Law

― Sexuality and the Law

― Spanish for Family Lawyers

― Wills and Trusts

― Clinical requirement (required for all participants; students may choose from among the following clinics):

― Juvenile Law Clinic

― Legal Aid Clinic (focusing on marital dissolution cases)

― American Indian Law Clinic (focusing on ICWA cases)

― Criminal Legal Aid Clinic (in semesters when the clinic focuses on juvenile justice)

― Additional practice opportunities (consistent with the limitations on practice credit hours, participants may dedicate 2 credit hours toward the Certificate requirements using the following):

― Externships in the field of juvenile and family law, including acting as a research assistant for a professor working in this field

― Participation in a national moot court competition (two arc currently offered, one through Whittier College of Law, one through Capital University; a student may dedicate one credit to the hour requirements, if allowable under law school rules)

A student who satisfies all of the course requirements for the Certificate will be awarded the certificate if the student earned a grade of at least a 72 in each course designated by the student as satisfying the Certificate requirements (C for students matriculating Fall 2010 semester or later). A student who satisfies all of the course requirements for the Certificate would be awarded the certificate "with honors" if the student earned at least an 86 cumulative grade point average in courses designated by the student as satisfying the certificate requirements (A- for students matriculating Fall 2010 semester or later).[114]

52. Natural Resources Law & Policy Certificate

[115]

A. The Faculty of Law has approved a program of law study leading to the award of a Juris Doctor (JD) degree with a special notation that the student earned a Certificate in Natural Resources Law and Policy. To qualify for this certificate the student must satisfy all requirements for the JD degree, and must complete at least 95 total credit hours in law school courses or in graduate-level courses approved for the certificate program by the Dean’s Office, in consultation with the Director of the Natural Resources Law Center. The student must also earn at least 18 credit hours in natural resources law and policy courses, in addition to administrative law, as set forth below.

B. The University of Colorado Law School has a proud tradition as a leader in the field of natural resources law, and it consistently ranks among the best programs in that field. The Natural Resources Law and Policy Certificate recognizes the strength of the law school’s natural resources program by affording law students the opportunity to design an educational program that provides a solid foundation in natural resources law, even while ensuring that they receive a well-rounded legal education. The certificate also offers prospective employers evidence of a student’s interest and commitment to the study of natural resources law.

C. Required Courses

1. Administrative Law

2. The Advanced Natural Resources Law Seminar or any other natural resources law-related seminar approved for the certificate program by the Dean’s Office, in consultation with the Director of the Natural Resources Law Center.

3. At least three of the following courses:

- Environmental Law

- Foundations of Natural Resource Law and Policy

- Energy Law & Regulation

- Public Lands

- Water Law

D. In addition to the required courses set forth in subsection C, a student shall take at least two of the following courses:

- Climate Change Law & Policy

- Mining & Energy Law

- Energy Insecurity & Sustainable Energy

- Oil & International Relations

- Oil & Gas

- Environmental Litigation

- International Environmental Law

- Toxics and Hazardous Waste

- Wildlife and the Law

- Land Use Planning

- Natural Resources Litigation Clinic

- Colorado Journal on International and Environmental Law and Policy

- Externship with Natural Resources law focus

- Any natural resources-related course in a non-law department (e.g. ENVS) approved for the certificate program by the Dean’s Office.

A student may also satisfy this subpart by taking a fourth and/or fifth course from the list of courses set forth in subsection C.

E. The Director of the Natural Resources Law Center shall serve as the Faculty Advisor for the Natural Resources Law and Policy Certificate.

TENURE AND PROMOTION REVIEW STANDARDS AND PROCESSES

53. Guidelines, Procedures and Processes for Determining Tenure, Reappointment, and Promotion

This Rule is applicable only to faculty members on regular tenure track appointments. It has been adopted pursuant to the authority delegated to the faculty of the Law School under the Laws of the Regents and the "Standards, Processes, and Procedures" Document as adopted by the Board of Regents. It has been prepared for the information of prospective and new faculty members, faculty members when acting as members of the "primary unit," and administrative officials to whom faculty decisions concerning tenure, reappointment and promotion are to be communicated. It is based on (1) the Laws of the Regents ("Laws"); (2) the Rules of the Law School; (3) the "University Standards, Processes, and Procedures" Document; and (4) the policies and practices of the faculty as adopted under the authority delegated by such Laws, Rules, and the University Standards.[116]

These Law School Guidelines for Determining Tenure, Reappointment, and Promotion are subject to the current laws and actions of the Regents and to other University policies and procedures as described generally in the Faculty Handbook and as subsequently revised. Each such guideline, procedure or process is intended to be interpreted and applied in a manner consistent with current Regents laws and actions and other University policies and procedures. In the event of a conflict, Regent laws and actions and other policies and procedures of the University shall control.[117]

A. Evaluation of Teaching. Because the Law School and the University are institutions of higher education, their preeminent responsibilities are to provide diverse educational experiences of high quality. For law students, such educational experiences are designed to develop a range of skills including: intellectual skills of legal analysis and synthesis; communication skills, oral and written, using technical and nontechnical language in both expository and argumentative styles; and other professional skills, such as legal research and factual investigation.

In terms of substance, such educational experiences are designed to develop students' knowledge and understanding of various substantive areas of law; the legal system as a whole, including its institutions and decision-making processes; the interrelationships between the legal system and other social institutions; the relevance and utility to the legal system of other academic disciplines and areas of knowledge; and some of the philosophical ideas and historical events which have shaped the law and the legal system.

These goals of developing students' skills, knowledge and understanding require a diversity of teaching skills in order to permit a faculty member to work effectively with large or small groups of students, or with students on an individual basis. Law teachers, therefore, are expected to be competent in the use of appropriate teaching methods and to maintain a consistent, thoughtful effort to improve them.

i. Class Visits. The most accurate assessments of the quality of teaching are the written reports of members of the faculty who have visited classes of the candidate. Such visits will normally be made for all evaluations. Visits shall be scheduled with notice to the candidate. Visitors should be faculty who teach in the same or related fields, when feasible, and shall be provided with the class assignments in advance so that they may examine the materials to be covered. Visits should normally be made to sequential classes to ensure adequate appreciation of ideas developed and synthesized over more than one class period. Written report of the visits should indicate the techniques used, the nature of student response, the accuracy and clarity with which the material was presented, and the relative time or importance assigned to particular ideas.

ii. Student Interviews. The next most accurate assessments of teaching abilities are personal, individual interviews by faculty of students who are in or have had a course from the candidate. Students to be interviewed should be selected at least in part at random from class lists. In addition to general and open-ended questions about the quality of the teaching in the course and accessibility of the teacher outside class, student interviewees should be asked to cite and explain specific instances to support their responses. To the extent possible, confidentiality as to the identity of the interviewees shall be maintained. Posted notices also should invite other students besides those selected for interviews to submit written or oral comments to members of the evaluation committee, and students should be encouraged to make use of this opportunity. Student questionnaires. Relevant, but ordinarily least useful, indices of the quality of teaching are the required student evaluation printouts, since these permit no inquiry into the bases for the students’ conclusions and may reflect popularity of the teacher or teaching style rather than the value of the educational experiences provided in the course.

iii. Teaching Materials. Supplementary classroom materials prepared by the candidate may also be examined and evaluated.

iv. Other. In addition, the evaluation of teaching may take into account other factors. These may, but need not, include: the creation of new courses or course materials; the number of credit hours taught; the number of students taught; the use of writing assignments or other labor-intensive techniques in teaching; supervision of independent research and externships; teaching awards; and alumni evaluations.

B. Evaluation of Scholarly Research and Writing. Because high quality teaching is dependent upon deep, comprehensive and critical understanding of one's field, a sustained continuing interest and effort in the exploration of problems in the field is essential to a faculty member's long term effectiveness as a teacher. Furthermore, to maximize that interest and effort, and to advance knowledge about the law and legal institutions, a faculty member must be willing and able to engage in disciplined research and to develop, organize and present his or her thoughts and conclusions in a professionally acceptable form.

A faculty member should have the ability and inclination to engage in significant legal research and writing throughout his or her academic career.

i. Tenure and Promotion Reviews. Tenure and promotion require the demonstration of the faculty member's ability and inclination to engage in significant legal research and writing throughout his or her academic career.

a. Ability. Scholarly ability includes the capacities (1) to identify avenues of inquiry worthy of further intellectual exploration; (2) to perform careful, thorough research in legal and relevant nonlegal materials; (3) to engage in accurate, comprehensive analysis and synthesis; and (4) to articulate with clarity and conciseness the findings and conclusions reached. Such ability will most often be demonstrated by the production of significant articles, lectures, and other papers appropriate for publication in respected law reviews or comparable journals. It may also be demonstrated by the publication of monographs or books.[118]

Other ways of demonstrating comparable ability and effort include the publication of co-authored law review articles, monographs, books and other similar professional works; publication of casebooks or other teaching materials. Because some of these form s may be difficult to assess either in terms of the faculty member's contribution or in terms of the extent to which they indicate the capacities of the faculty member to engage in significant legal research and writing, it is preferable that a faculty member not concentrate exclusively on these activities. Thought provoking teaching materials, however, containing supplementary notes and problems showing unusual, imaginative insights into a subject or which represent innovative approaches to the subject are highly valued in legal education. Consequently, the preparation and publication of such materials may be deemed equivalent to the publication of the law review articles described above, as may other important, published professional works.

b. Inclination. Promotion or tenure are to be awarded only if there is reason to believe the scholarly work will continue. Two factors are ordinarily taken into account. First, the pattern of scholarly activity during the untenured period is considered. A faculty member who works steadily on research and writing during the untenured period is usually considered more likely to continue scholarly activity than the faculty member who is inactive for long periods. Second, consideration is given to the number and scope of completed projects and works in progress.

Although institutional administration and public service activities are not considered alternatives to scholarly activity, heavy commitments in these areas will be taken into account in determining whether long periods of scholarly inactivity indicate absence of scholarly inclination or, instead, lack of adequate time for scholarly pursuits.

c. Other. In evaluating research and creative work, the following may also be taken into account: quality and quantity of published research; quality and quantity of long-term work in progress; recognition of the value of work by the local, national, and international community; scholarly speaking engagements; prizes for scholarship; grants and contracts; professional reputation (both inside and outside the University).

d. Evaluation of Written Work. For tenure and promotion reviews, the Evaluation Committee or designated faculty members shall review copies of the faculty member’s written work. The Committee shall also send copies of the work to at least three recognized scholars at other leading law schools for their evaluation. The replies of the outside evaluators shall be submitted to the Primary Unit along with the Committee’s report.

ii. Reappointment Reviews. Copies of the faculty member’s written work shall be read. If the Evaluation Committee desires, it may seek evaluation of the work from other members of the faculty. Outside evaluations will usually not be sought for reappointment, although the Committee may in its discretion seek such evaluations. Evaluation of unpublished work, usually consisting of papers presented at conferences, of article manuscripts, or of supplementary classroom materials, is a valuable guide to the performance of candidates. Although external evaluation of such work is difficult, rigorous internal evaluation provides useful information both about the candidate’s prospective productivity and about his or her approach to teaching.

C. Evaluation of Professional and Institutional Service. As faculty members of a state law school, faculty are expected to serve the Law School, the University, the community, the organized bar, and the several institutions which comprise the legal system, particularly in ways which utilize and develop the expertise of the faculty member.

i. Professional and Community Service. There are a variety of ways a faculty member may render professional and community service. These may include participation in programs designed to improve the level of knowledge and competence within the legal profession, or to improve understanding of law and the legal system in the public at large; participation in professional and scholarly organizations which bring the faculty member in contact with other persons having the same or related professional expertise and interests and which enhance the faculty member's scholarly and professional development as well as that of the profession; and participation in efforts to improve the effectiveness or fairness of the law, legal institutions, or the legal system as a whole.

ii. Institutional Service. Faculty members are expected to engage actively in maintaining and improving the Law School and the University as institutions of higher education. Such activities may include participating in the work of committees and special programs, conducting studies, preparing reports, providing assistance when requested to the academic efforts of other colleagues (both within and without the Law School), and other similar activities. Faculty members are also expected to participate in alumni, community, state, and national affairs which promote understanding of and support for the University and the Law School.

iii. Because a faculty member in the first several years of employment must devote most of his or her time to developing first as a teacher and second as a scholar, considerably less emphasis is given to service on initial reappointment, although some service involvement even in the first few years is expected. Considerably more will be expected in the way of institutional, professional, and public service for tenure and promotion to full professor. However, absence of extensive professional and public service will not be a bar to tenure and promotion where there is demonstrated excellence in teaching and research.

D. Timing of Reviews.

i. Persons Initially Appointed as Assistant Professors. In most cases, such initial appointment will be for a term of three years. The faculty member will normally be considered during his or her second year of service for reappointment for an additional term of two years without tenure. If so reappointed, the faculty member will normally be considered during his or her fourth year of service for a second reappointment for another term of two years without tenure and for promotion to the rank of Associate Professor. A faculty member so reappointed and who is also promoted to the rank of Associate Professor shall assume that rank at the beginning of his or her fifth year of service. A faculty member will normally be considered for the award of tenure during his or her sixth year of service, to become effective, if awarded, at the beginning of his or her seventh year of service. One or more years of credit towards the six-year service period may be allowed on initial appointment for prior university teaching or other comparable experience of such faculty member. Consideration leading to award of tenure or, if not granted, to notice of non-reappointment, shall be mandatory in such sixth year of actual and credited service; provided that the mandatory decision may be postponed to a subsequent year by prior written waiver by the faculty member of one or more years of credited service, or by written agreement between the faculty member and the Dean. However, the mandatory decision may be deferred only to a year (i) during which the one year notice of non-reappointment provided for in paragraph (D.vi.) of this Rule can be satisfied, by terms of the existing appointment or by reappointment, and (ii) which is within the ultimate period for mandatory decision permitted by the Laws of the Regents and the University Standards. [119]

ii. Persons Initially Appointed as Associate Professors. In most cases, the initial appointment will be for a term of four years without tenure. Such faculty member will normally be considered for comprehensive review during the fourth year of his or her initial term for reappointment for an additional term of three years without tenure. A faculty member so reappointed will normally be considered for the award of tenure during the sixth year of such faculty member's actual and credited service, to become effective, if awarded, at the beginning of the seventh year of such service. One or more years of credit towards the six-year service period shall be allowed on the initial appointment for the prior experience of such faculty member. However, a faculty member is eligible to be reviewed for tenure in any year following the faculty member’s comprehensive review in the fourth year of actual and credited service. A request for a review prior to the seventh year may come from the individual faculty member.

Consideration leading to award of tenure or, if not granted, to notice of non-reappointment, shall be mandatory in such sixth year of actual and credited service if it has not occurred earlier; provided that the mandatory decision may be postponed to a subsequent year by prior written waiver by the faculty member of one or more years of credited service, or by written agreement between the faculty member, the Dean, and the Provost. However, the mandatory decision may be deferred only to a year (i) during which the one year notice of non-reappointment provided for in paragraph (D.vi.) of this Rule can be satisfied, by terms of the existing appointment or by reappointment, and (ii) which is within the ultimate period for mandatory decision permitted by the Laws of the Regents and the University Standards.[120]

E. Promotion to Professor.

i. Consideration for promotion from Associate Professor to Professor will normally be within three years of the award of tenure. (In unusual cases, promotion might be coincident with the award of tenure.) This schedule allows the promotion decision to be made at a time when the faculty member has had time to establish his or her identity as a teacher and as a scholar. It also avoids timing the School's decision in a way that would be significantly slower than the prevailing schedules at other law schools (where the award of tenure and promotion are often simultaneous or closely timed).[121]

ii. Consideration of promotion of a faculty member shall be undertaken at the request of the Dean or a majority of the regularly appointed members of the Faculty Evaluation Committee senior in rank to the faculty member, but only after consultation with the faculty member involved.

F. Requests for Tenure Review.

i. Consideration of recommending tenure shall be undertaken at the times specified in university policy or at any other time (1) upon the request of the Dean, (2) upon the request of the majority of the Appointments Committee when the question of tenure is related to the question of appointment, or in accordance with §1-7-8.[122]

ii. Consideration of recommending tenure of a previously appointed member of the faculty under any of the provisions above shall not be undertaken without the consent of the faculty member involved, who shall consult with the Dean and after such consultation may request the Faculty Evaluation Committee to make a preliminary evaluation of his/her performance and advise him/her as to the desirability of consenting to such consideration.

G. Reappointments. At a time not less than 15 months before any regular term appointment is to expire, the Faculty Evaluation Committee shall undertake the investigation and evaluation of the faculty member. All investigations and any meetings concerning a reappointment shall be scheduled expeditiously so that any action with respect to nonrenewal can be completed in time to give a member whose appointment is not to be renewed at least one year's notice.

H. Notice of Non-Reappointment. A member of the Faculty without tenure shall be entitled to written notice at least one year before the expiration of his/her appointment if he/she is not to be given a further appointment.

54. Standards and Procedures for Faculty Peer Review

This rule is intended to be interpreted and applied in a manner consistent with the current Regent laws and actions and other policies and procedures. In the event of a conflict, Regent laws and actions and other policies and procedures of the University shall control.[123]

A. Standards for Peer Review.

i. Scholarly Work. The principal inquiry into a faculty member's scholarly work at the time of peer review is whether he or she has continued to do scholarly work of high quality. There are a variety of forms that legal scholarship can take¾for example, books, major articles, shorter articles and commentaries, book reviews, casebooks, treatises, and other work containing sustained scholarly analysis. It is neither realistic nor desirable that the entire law faculty should work in exactly the same form or pursue the same schedule for publication of work. A faculty member's compliance with the expectations discussed between him- or herself and the Dean at their annual conference and with the faculty member's research/creative work goals expressed in his or her Professional Plan (the Professional Plan is described in the July 1, 1998 "The Professional Plan for Faculty" University of Colorado Administrative Policy Statement), should be regarded as the most appropriate measure of his or her performance as a scholar.

ii. Teaching. It is expected that tenured faculty will continue at a high level of performance as teachers. The peer review process can provide some measure of faculty teaching quality in the form of student and colleague comment on the classroom experience. In addition, the process will include consideration of other contributions to the teaching function of the law school, such as the undertaking of new or unfamiliar subjects, the agreement to teach a large number of credit hours or larger classes, and the creation of original materials for use in the classroom.

iii. Administrative and Public Service Work. It is expected that tenured faculty members will contribute time and effort both to internal administrative work within the Law School and service to the University and community.

iv. Arriving at a Combined Measure. The Law School is healthiest and most productive as an institution when its faculty as a whole is contributing to scholarship, educating skilled and thoughtful lawyers, and serving the University, legal, and local communities. It is not necessary, nor is it possible, that all faculty members make identical contributions to these endeavors. Nor is it desirable that any single faculty member be expected to make contributions that emphasize the same aspect of our mission year after year; for example, some may choose to concentrate on teaching some years (perhaps when teaching new materials or carrying an especially heavy load) and on scholarship in other years. Accordingly, the peer review process must be designed to measure individual contributions in a manner that takes into account individual strengths and choices, and maintains a vision of the Law School as a whole carrying out each of its missions with excellence.

B. Procedures for Peer Review.

i. Timetables: These procedures, including timetables, are designed to allow the Peer Review Committee to submit its final report to the Dean (which in an Extensive Review described below shall include the Development Plan described in paragraph 53.B.xiv) on or before December 15 of the academic year in which review occurs. In view of the magnitude of the peer review process, it is imperative that all concerned adhere strictly to these timetables.

ii. Peer Review Committee: The Peer Review Committee ("Committee") shall prepare and submit to the Dean, on or before December 15, a written report summarizing its findings (together with a Development Plan for each faculty member undergoing an Extensive Review) for each faculty member under review after consideration of the standards set forth above.

The Committee is a sub-committee of the Evaluation Committee, and shall consist of at least three tenured members of the law faculty. Neither seniority with respect to any faculty member under review nor academic rank shall serve as the sole criterion for membership on the Committee. No faculty member under review is eligible to serve on the Peer Review Committee during that academic year.[124]

iii. Levels of Review; Appeals Right: The Regent laws provide for two levels of post-tenure review, a "Regular" or "Extensive" review. The level of review to be undertaken will be determined by the record of annual "Performance Ratings for Faculty," the non-confidential summaries of annual merit evaluations mandated by the administrative policy statement, "Performance Ratings for Faculty, Unclassified Staff/Administrators and Officers," July 1, 1989. Because the annual Performance Rating summary is the document that may trigger an Extensive Review (or the requirement of a Performance Improvement Agreement as described in paragraph 53.B.iv), faculty who do not agree with their annual Performance Ratings (of "below expectations") may appeal the rating in the manner set forth in paragraph 53.B.xvii.

iv. Performance Improvement Agreements: If after the exhaustion of the appeals process described in paragraph 53.B.xvii, the faculty member has received a "below expectations" summary rating, the faculty member is required to meet with the Dean to identify the causes of the unsatisfactory evaluation and to plan and implement a written Performance Improvement Agreement that includes specific goals, timelines, and benchmarks that shall be used to measure progress at periodic intervals. Usually, Performance Improvement Agreements will be established for one (1) year. However, if research deficiencies warrant longer, the Performance Improvement Agreement may be set up for two (2) years.

If the goals of the Performance Improvement Agreement are being or have been met, as evidenced in the next annual merit evaluation, the faculty member continues in the regular five-year post-tenure review cycle. If the goals of the Performance Improvement Agreement are not being or have not been met at the next annual merit evaluation, an Extensive Review process described below shall be initiated. For purposes of the immediately preceding sentence, the goals of the Performance Improvement Agreement shall be considered as not being met only if at the next annual merit evaluation the faculty member receives a summary evaluation of "below expectations." If the faculty member receives a summary evaluation of "meeting expectations" or better at the next annual merit evaluation, no Extensive Review is required. A faculty member may appeal a summary evaluation of below expectations in the manner described in paragraph 53.B.xvii.

v. Regular Review: Faculty who have achieved summary evaluations of "meeting expectations" or better since the last post-tenure review (or since receiving tenure if this is their first post-tenure review) will undergo Regular Review, as will faculty who have received a single "below expectations" evaluation in the five-year review cycle.

vi. Extensive Review: Faculty who have received two (2) "below expectations" ratings within the previous five years will undergo Extensive Review. A second rating of "below expectations" can arise from a failure of a faculty member to meet the goals of a Performance Improvement Agreement, as that process is described in paragraph 53.B.iv. As soon as a faculty member receives a second rating of "below expectations" (within a five-year period), he or she will be subject to Extensive Review. A faculty member may appeal a "below expectations" evaluation in the manner described in paragraph 53.B.xvii, and no action will be taken to begin an Extensive Review until the appeal process, if invoked, is completed.

vii. Timing of Regular Reviews: On or before September 1, the Dean shall review the annual report of Scholarly, Professional, and University Activities and the written reports of the annual and any other conferences, for each tenured faculty member who has not been under review within the preceding five years through the peer review process, the promotion process, or the tenure process. After examination of these materials and consultation with the members of the Committee, the Dean and the Committee determine the faculty members who shall undergo the peer review process as a Regular Review, taking into account such factors as the number of years since the last peer review process, whether the faculty member will be present in the Law School for the upcoming fall semester, and the total workload of the Committee, mindful that a five-year review cycle is the required norm. In each such case, the time period under review shall be the five years immediately preceding September 1 of the academic year in which the review occurs.

viii. Timing of Extensive Reviews: Assuming that all appeals described in paragraph 53.B.xvii have been exhausted, on or before September 1, the Dean shall inform a faculty member that he or she will undergo an Extensive Review during the upcoming fall semester. The Dean shall also inform the Chair of the Committee, on or before September 1, of: (a) the identity of those faculty members undergoing Extensive Review during the upcoming fall semester; (b) the identity of those faculty members who are subject to an active Performance Improvement Agreement (as described in paragraph 53.B.iv); and (c) the identity of those faculty members who are subject to an active Development Plan (as described in paragraph 53.B.xvi).

ix. Categories under review; Regular Review: In a Regular Review, the Committee shall examine: (1) the five previous annual performance evaluation reports; (2) the five previous annual faculty reports of professional activities; (3) the results of Faculty Course Questionnaires for the period under review; (4) the faculty member's Professional Plan (s) from that post-tenure review cycle; and (5) any other material the faculty member would like the Committee to consider. The faculty member will also provide the Committee with an updated Professional Plan for the next five years. The Committee shall further review the faculty member's scholarly work and teaching in the manner described in paragraphs 53.B.xi, 53.B.xi.a, 53.B.xii, and 53.B.xii.a below.

x. Categories under review; Extensive Review: In an Extensive Review, the Committee shall examine the materials described in (1) through (5) in the preceding paragraph 53.B.ix plus the faculty member's written self-evaluation of performance as it relates to the Professional Plan (s) (and any amendments to the plan and differentiated workload agreements, where present). The Committee shall further review the faculty member's scholarly work and teaching in the manner described in paragraphs 53.B.xi, 53.B.xi.a, 53.B.xii, and 53.B.xii.a below.

xi. Scholarly work; Regular and Extensive Reviews: This part of the peer review process shall consider all written work completed during the period under review. On or before September 15, the faculty member under review shall submit to the Chair of the Committee one copy of each piece of written work to be considered.

In the case of a Regular Review or an Extensive Review, the Committee shall first consider the written work produced by the faculty member during the period under review, as a whole, to determine whether the faculty member is meeting expectations in terms of his or her performance as a scholar. If, after consultation with the members of the Committee, the Chair of the Committee decides in his or her discretion that such review requires a written evaluation of all or some portion of the written scholarship produced by the faculty member, the Chair of the Committee may request a written evaluation of such scholarship in the following manner:

a. Scholarly Work; Written Evaluations: On or before October 1, the Chair of the Committee shall designate any member of the law faculty, qualified by reason of subject matter expertise, to evaluate each piece. The Chair of the Committee in his or her discretion may designate one member of the law faculty to evaluate all written work under consideration, or alternatively designate several members, each to evaluate one or more pieces.

The faculty member(s) so designated by the Chair of the Committee shall review the piece(s) assigned to him or her and, on or before November 1, submit to the Committee a written evaluation of the piece(s). Working with the standards for peer review set forth above, the evaluation shall identify and discuss areas of greatest potential for continued faculty development in scholarly work. The Chair of the Committee may arrange for a qualified individual who is not a member of this law faculty to evaluate any piece when he or she in his or her discretion deems it helpful or appropriate after consultation with the Dean and the other members of the Committee and the faculty member under review. Notwithstanding the immediately preceding sentence, if a faculty member undergoing an Extensive Review so requests, the review shall also include evaluations of scholarship from qualified persons external to the University. In this case, the faculty member and the Committee shall jointly develop a list of external reviewers who will be asked to evaluate the faculty member's performance in research or creative work.

xii. Teaching; Regular and Extensive Reviews: In the case of a Regular Review or an Extensive Review, the Committee shall first consider, for the period under review, the results of the Faculty Course Questionnaires and other appropriate sources of information. If, after review of such information, and after consultation with the members of the Committee, the Chair of the Committee decides in his or her discretion that the information gathered by the Committee is insufficient to determine whether the faculty member is meeting expectations in terms of his or her performance as a teacher, he or she may require conferences with students of this Law School and other evaluative measures:.

a. Student Conferences; Other Evaluations: This part of the peer review process shall consider, for the period under review, results of conferences, described below, between members of the Committee and individual students who are or have been enrolled in courses taught by the faculty member and who are still students of this Law School, and other appropriate sources of information.

On or before October 1, the Chair of the Committee shall designate no fewer than four students with whom conferences shall be held. At least two shall be designated at the discretion of the Chair of the Committee.

The Chair of the Committee shall arrange for at least one member of the Committee to confer with each designated student on or before November 1. If, after consultation with the members of the Committee who have participated in each conference, the Chair of the Committee decides in his or her discretion that this information and the other appropriate information gathered by the Committee are insufficient to evaluate the faculty member's teaching, he or she in his or her discretion may designate one or more faculty members eligible to serve on the Committee to visit or to view videotapes of classes conducted by the faculty member under review. Any such visits or videotaping shall be pre-arranged with the faculty member under review.

xiii. Administrative and Public Service Work: This part of the peer review process shall consider the annual Report of Scholarly, Professional, and University Activities for each year of the period under review. On or before October 1, the Dean shall submit a copy of each Report to the Committee.

xiv. Additional Information: It is expected that the faculty member under review will communicate regularly with the Dean and the members of the Committee throughout the entire peer review process in order to arrive jointly at the most effective plan for continued faculty development.

xv. Reports; Regular Reviews: In a Regular Review the Committee shall prepare a written report summarizing its findings regarding the faculty member's adherence to the previous Professional Plan(s) (taking into account differentiated workloads, where present) and conclusions about his or her productivity and contributions to the University in teaching, research, and service. These reports will be forwarded to the Dean, who will report to the academic vice chancellor on the results of all post-tenure reviews in the school. Each faculty member under review shall be informed orally and in writing of the results of the evaluation. A copy of the post-tenure review report will be placed in the faculty member's personnel file.

xvi. Reports; Extensive Reviews; Development Plans; Sanctions: In an Extensive Review the Committee shall prepare a written report summarizing its findings regarding its evaluation of the faculty member's performance in the areas of teaching, research, and service based upon its review of the materials and information covering the period in question. Upon completion of the written report, the faculty member, working with the Committee, shall write a Development Plan for the next one or two years with specific goals and actions designed to address the areas of deficiency identified in the Extensive Review process. The Development Plan must address the teaching, research, and service assignments anticipated during the period of the plan. It must describe performance goals in light of identified deficiencies, strategies for improvement, and the time frame (up to two years) in which the problems are to be solved. The Development Plan must contain definite means of measuring progress in achieving the goals and periodic monitoring of progress. The Development Plan must be approved by the Dean, following consultation with the Committee. At the conclusion of the term of the Development Plan the Committee shall assess the progress of the faculty member and forward its written conclusions in a report to the Dean. After considering the Committee's report, the Dean shall then determine whether the faculty member has achieved the goals of the Development Plan and has returned his or her professional performance to the level of competence. A faculty member who is judged by the Dean to have achieved professional competence (meeting expectations or better) begins a new post-tenure review cycle in the next academic year. Copies of the Extensive Review Development Plan and the Committee's assessment of the progress achieved by the end of the development period will be added to the faculty member's personnel file. A faculty member who is judged not to have achieved professional competence will face possible sanctions such as reassignment of duties, loss of eligibility for sabbaticals and for campus travel funds, salary freeze, salary reduction, demotion in rank, and revocation of tenure and dismissal. (For the sanctions procedure see part E. of the July 1, 1998 "Post-Tenure Review Policy" University of Colorado Administrative Policy Statement and Article 5, Part C, of the Regent Laws.)

xvii. Appeal of Performance Rating: A faculty member who receives a summary (overall) evaluation of "below expectations" shall be given the opportunity to comment on, and to present evidence challenging, the evaluation. This appeal is separate from the more informal salary recommendation appeal process described in §1-8-1 and the broader Faculty Salary Grievance Procedure described in Miscellaneous Rule 32. To invoke this appeal process, the faculty member shall file a written appeal with the Dean discussing why the summary evaluation of below expectations is in error. This appeal shall be filed within two (2) weeks after the faculty member's receipt of the written summary evaluation. The Dean shall have one (1) week after receipt of the faculty member's written appeal in which to produce a written response to the appeal. The faculty member shall then have one (1) week after receipt of the Dean's written response in which to fully concur with the Dean's response (and no response on the part of the faculty member shall be conclusively deemed to be such concurrence) or to file a written appeal with this Committee. Inasmuch as this appeals process will proceed over the summer months, the members of the Committee for the appeals process shall remain those faculty members appointed to the Committee during the prior fall semester. The Committee shall establish its own procedures, consider evidence, and report its conclusions in writing to the faculty member and the Dean no later than 2 weeks after receipt of the faculty member's written appeal to the Committee. The entire appeals process should be completed within 6 weeks or less. The decision of the Committee shall be the final decision of the Law School.

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