Colorado Law :: Rules of the Law School

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 2.0.

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.[25]

§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[26]

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

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.[27]

§2-2-2 Disciplinary Proceedings[28]

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 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 by the end of the following semester and will be able to maintain such minimum average thereafter.

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 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[29]

A. Completion of 89 credit hours with a numerical average of 72 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. 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.

D. Completion of t he 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.

E. 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.[30]

§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.[31]

§3-2-3 Required Courses

Required courses shall be:[32]

Ÿ Appellate Court Advocacy (2 credit hours)

Ÿ Civil Procedure (5 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)^{^[33]}

Ÿ Legal Writing (2 credit hours)

Ÿ Property (5 credit hours)

Ÿ Torts (4 credit hours)

Ÿ Seminar (2 or 3 credit hours)

Ÿ Practice Requirement, satisfied by both:

― Completion of a course in which participation in actual or simulated applications of practical legal skills are a substantial part of students' work. This can be fulfilled by taking one of the clinics offered at the Law School, one of the Trial Advocacy courses (Trial Advocacy, Trial Practice, Advanced Trial Advocacy, Advanced Appellate Advocacy, and Motions Advocacy), Law Practice Management, Business Planning, Real Estate Planning, Estate Planning, Litigation Drafting, Advanced Contracts, or any other course approved by the Academic and Student Affairs Committee as satisfying the requirement in a given academic year. Extern Program credit hours do not satisfy the Practice Requirement.

― Serving as a juror for a trial advocacy or clinical mock trial.

§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.[34]

§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

One Legal Research credit hour 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, 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, and in duplicate. One copy will be delivered to the faculty member in general charge of the Legal Research program, the other to the Dean's Office.

B. In order to qualify for credit 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. One graded credit hour will be given for such work.[35]

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:[36]

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[37]

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.

The University of Colorado at Boulder Law School

Rules of the Law School