Student Handbook - University of Georgia School of Law

STUDENT HANDBOOK

PRACTICAL SKILLS REQUIREMENT

The School of Law and the ABA require as a condition for graduation that each law student complete at least one practical skills course. The law faculty has designated the following courses as satisfying the skills course requirement. In addition, the Associate Dean for Academic Affairs may designate other courses as satisfactory.

Criminal Defense Clinic I, II
Prosecutorial Clinic I, II
Civil Externship I and Civil Externship II
Summer Externship
Family Violence Clinic
Land Use Clinic
Enviromental Practicum
Trial Practice Seminar
Advanced Trial Practice Seminar
Appellate Advocacy
Appellate Practice
Interviewing, Counseling, and Negotiating
Drafting of Pre-trial Litigation Documents
Corporate Appellate Litigation
Document Drafting
Environmental Dispute Resolution
Constitutional Litigation
Education Law
Children and the Law
Real Estate Transactions
Business Planning
Capital Assistance Project
Public Interest Practicum
Mediation Practicum
Special Education Practicum
Lending and Commercial Finance

ADVANCED WRITING REQUIREMENT

The Law School requires, as a condition for graduation, that each student complete a substantial, traditional research paper, similar to a law review article.

The requirement may be satisfied in any of three ways:

1. Completion of a research paper or papers in connection with an appropriate seminar or small class conducted as a seminar in which the predominant evaluation mechanism is the writing of a paper or papers, on which a grade of not less than a B- is received. The research paper(s) normally should satisfy the length requirements of Supervised Research. An appropriate seminar or small class is defined as an offering in which the student enrollment is not greater than 18.(Exceptions to the class size requirement may be made by the Associate Dean for Academic Affairs after consultation with the faculty member conducting the course).

2. Completion of a research paper which satisfies the standards of Supervised Research for no less than 2 semester hours, on which a grade of not less than a B- is received.

3. Satisfactory completion of the research and writing tasks assigned by either the Georgia Law Review, the Georgia Journal of International and Comparative Law or the Journal of Intellectual Property Law. This paper normally should satisfy the length requirements of Supervised Research. Certification shall be issued by the faculty advisor upon consultation with the journal's editor-in-chief.

The registrar will notify students of their status with respect to the satisfaction of the advanced writing requirement at the beginning of the student’s final term.

The student must supply the Registrar with appropriate certification from a faculty member that the student has satisfactorily completed one of the above, and attach a copy of any relevant research paper(s).

THIS CERTIFICATION MUST BE RECEIVED BY THE REGISTRAR NO LATER THAN NOON ON THE LAST DAY OF THE SCHEDULED EXAM PERIOD OF THE SEMESTER IN WHICH THE STUDENT IS TO GRADUATE. FAILURE TO MEET THIS DEADLINE WILL RESULT IN GRADUATION BEING WITHHELD FOR THAT SEMESTER.

SUPERVISED RESEARCH AND INDEPENDENT PROJECT

During the second and third years, a student may not receive more than 4 hours total credit toward the J.D. degree for any combination of Supervised Research and Independent Project. No more than 2 hours credit for Supervised Research or Independent Project or any combination thereof can be earned in any semester without permission of the Associate Dean for Academic Affairs.

Supervised Research and Independent Project assignments should be completed by the end of the semester in which credit is sought. Before the beginning of the project, the student and supervising instructor shall discuss the length of time required for the project. Occasionally, additional time beyond the semester may be required. In such cases, a professor may enter a grade of I and grant a one-semester extension for completion of the work.

To enroll in Supervised Research or Independent Project, the student shall obtain a form from the Law School Registrar's office which must be filled out by the student and signed by the supervising professor. Upon returning the form to the Registrar, the student can register for the appropriate course: Supervised Research (JURI 5190) or Independent Project (JURI 5510).

Supervised Research

Supervised Research, JURI 5190, (1 or 2 credits) involves an in-depth written analysis of a legal issue under close faculty supervision. It requires significant legal research, original thinking and analysis, and must produce a final paper of a kind and quality similar to that found in law review articles. Completion of this course should involve: (1) thesis description of topic and scope; (2) general outline of approximately two pages; (3) detailed outline with citations to each major point, including preliminary bibliography listing of all sources searched to this point; (4) textual draft with bibliography of sources consulted, whether or not cited in text; (5) final paper including footnotes.

The thesis description should be approved by the professor prior to enrollment in Supervised Research. Once the project has been approved and the student is enrolled, the balance of the steps should be completed according to a schedule established by the faculty member.

The final paper must be submitted to the supervising professor no less than 7 days prior to the last day of scheduled classes for the semester. Failure to comply with this deadline will result in an I. A final conference and "defense" of the paper should be conducted between student and professor.

Supervised Research cannot involve a topic significantly explored or researched by the student previously in another context such as legal journals, moot court, paid research, law office work, and previous seminars. A student is, however, free to use the completed project in any manner the student desires. As a general guideline, a final paper should be approximately 15 pages of text, excluding footnotes, for each semester credit hour awarded.

A professor will not supervise research outside of the area of his/her expertise, unless there is no faculty member possessing that expertise. Normally, Supervised Research will not be undertaken on a topic covered by a seminar currently being offered. A professor may not supervise more than 7 students per academic year in Supervised Research.

Independent Project

Independent Project, JURI 551, (1 or 2 credits) provides a flexible opportunity for independent exploration of legal issues or questions sometimes not found in any course or seminar and without following the format of a formal research paper. Projects must involve significant legal, social or empirical research or experiences.

To enroll in Independent Project, the student must present to a faculty member a prospectus describing in detail the project, the resources to be consulted, and the final product that will review and describe the results of the student's project. The faculty member must review and approve the proposal prior to the student's enrollment.

Credit and grade for Independent Project will be based upon the originality and creativity of the project, the amount of effort expended, the extent of the learning experience, and the quality of any final paper prepared by the student in connection with the project. The work must be completed and any product submitted not later than the last day of scheduled classes for the semester.

A faculty member normally will not grade Independent Projects in fields out of his/her expertise, unless there are no other faculty members possessing that expertise. No faculty member shall grade an independent project which was originally approved by another faculty member. A faculty member shall supervise no more than 9 independent projects per semester.

Independent Project credit cannot be given to work previously done for law review, legal journals, moot court, paid research, law office work, or work done in a course or seminar, unless it would involve a significantly different research product.
Independent Project credit does not satisfy the Advanced Writing Requirement for graduation.

CLINIC HOUR LIMITATION

No student may earn more than 16 hours of credit toward the J.D. degree in any combination of the following courses: Prosecutorial Clinic I, Prosecutorial Clinic II, Legal Aid Clinic I, Legal Aid Clinic II, Land Use Clinic, Environmental Law Clinic, Civil Clinic and Family Violence Clinic. Having earned credit in the basic course in one clinic, the student generally can take advanced clinic work only in that clinic. Exceptions can be granted by the clinic directors in consultation with the Associate Dean for Academic Affairs.

FACULTY POLICY ON PLAGIARISM

While the Honor Code is designed primarily to govern situations in which students observe or detect other students acting inappropriately, the Law Faculty has adopted the following policy to cover situations where a faculty member concludes that a student is guilty of plagiarism:

I. Plagiarism

Plagiarism is unacceptable and will not be tolerated at the University of Georgia Law School. Plagiarism is the submission of another's work as one's own. It includes: 1) use of another's exact words without use of quotation marks and acknowledgement of that use in a footnote or endnote; 2) use of another's organizational scheme without acknowledgement of that use in a footnote or endnote; 3) either close paraphrasing of the work of another without attribution or submission of a work which is largely a paraphrasing of another's work without attribution.

Each student is obliged to be aware of the policy against plagiarism and lack of awareness of the policy does not excuse a violation of it. No student shall be permitted to graduate while charges of plagiarism are pending against that student.

II. Options for Faculty Member Who Believes Plagiarism Has Been Committed

Upon discovering what is believed to be plagiarism on written work submitted by a student in a course, a faculty member may:

A. Assign a grade to the written work based on the faculty member's determination of plagiarism. This determination and the explanation thereof shall be expressed in writing and transmitted to the student with a copy to the dean; or

B. Refer the matter to the Honor Court which will deal with the matter according to its Constitution. A student found guilty of plagiarism by the Honor Court may appeal to the dean for review of the penalty assessed.

III. Institutional Response to a Faculty Member's Finding of Plagiarism

A. Upon receiving notification from a faculty member of a determination of plagiarism, the Dean, upon finding probable cause that plagiarism has been committed, shall appoint a committee of five tenure-track or clinical faculty members to conduct a hearing to determine whether plagiarism has been committed by the student. A faculty member who does not feel capable of rendering a fair decision in a particular case shall refuse to serve on the faculty committee.

B. At the hearing, the faculty member will introduce evidence relevant to the question of whether plagiarism has been committed. The student is entitled to be represented by counsel of his or her choice, to introduce relevant evidence and to confront and cross-examine any witnesses against him or her.

C. To support a finding of plagiarism at least four members of the committee must find plagiarism beyond a reasonable doubt. A finding of plagiarism by the committee in accord with the procedures established by this policy shall be final and binding on the dean and the student.

D. The committee shall file with the Dean a written report on its proceedings and its findings. If plagiarism has been found by the committee, the report shall include a recommended sanction. The presumptive sanction shall be a one- semester suspension, but the committee may recommend a different sanction, either more or less severe. Such sanctions include, but are not limited to, expulsion, suspension for a longer period, probation or remedial activity.

E. The final determination of the appropriate sanction for plagiarism shall be made by the Dean. It may be more or less severe than any sanction recommended by the committee. This determination shall be expressed in writing and provided to the student within 14 days of the filing of the committee's report with the dean. The committee members and the complaining professor shall receive copies of the Dean's determination of sanction. The Dean's determination of sanction may be appealed to the Provost of the University.

F. In response to appropriate inquiries, the Law School shall make available to appropriate bar officials the written committee report and the Dean's final determination of sanction.

IV. Decision in Favor of the Student

In situations where:

1) the Dean finds insufficient probable cause to impanel a faculty committee; or

2) a faculty committee appointed under this policy fails to find plagiarism has been committed; or

3) the Honor Court fails to find plagiarism has been committed,

the Dean shall assign to another faculty member the task of entering a course grade for the originally accused student.

V. Definitions

A. "Faculty Member" means any individual assigned to teach a course offered by the University of Georgia Law School.

B. "Student" means any person enrolled in a course offered by the University of Georgia Law School.

Policy on Student Peer Harassment

The Law School has an interest in promoting high standards of character, integrity, and professionalism for its students consistent with their future status as members of the bar. In addition, the Law School recognizes that harassing conduct by students directed at their peers can be so severe or pervasive in nature that it may have an adverse effect on the educational environment.

The Law School also recognizes and supports students' right to speak freely and to express their opinions and ideas, including speech that may be considered offensive by other students.

Conduct will constitute peer harassment when that conduct is both (1) based on race, national origin, religion, creed, sex, sexual orientation, age, disability, or veteran status, and 2) is sufficiently severe, persistent, or pervasive to limit a reasonable student's ability to participate in or benefit from the Law School's education program or if it creates a hostile or abusive educational environment.

Any student who believes that he or she has been subjected to peer harassment should report the harassment to the Associate Dean for Student Affairs or the Director or Assistant Director of Student Affairs.

The Law School shall provide a prompt and equitable response to any report of peer harassment. If the Law School concludes that peer harassment occurred, the Law School shall take the steps necessary to provide appropriate remediation, including but not limited to suspension or expulsion of the harasser.

Nothing in this policy shall preclude any student from choosing to file a complaint with the University Office of Judicial Programs in lieu of proceeding under this policy and its procedures.

Procedures For Responding to Peer Harassment Reports

A. Upon receiving a report of peer harassment, the Associate Dean, or the Director or Assistant Director of Student Affairs shall notify the Dean of such report. Upon receiving notice of a report of peer harassment, the Dean shall make an initial determination of the existence of probable cause that peer harassment has been committed.

B. Upon finding probable cause that peer harassment has been committed, the Dean shall notify the student charged with harassment of that finding. At that time, the student will be offered a choice between the hearing provided under these procedures or referral of the matter to the University Judicial Programs Office for proceedings under the University Conduct Regulations.

C. Upon receiving notice that the student has chosen to proceed under these procedures, the Dean shall appoint a committee to conduct a hearing to determine whether peer harassment has been committed by the student. This committee will be made up of at least five staff members and may include law school faculty, staff, and student representatives. Any member who does not feel capable of rendering a fair decision in a particular case shall refuse to serve on the committee.

D. At the hearing, a faculty or staff member appointed by the Dean will introduce evidence relevant to the question of whether peer harassment has been committed. The student charged with harassment is entitled to be represented by counsel, other than a non-student law school employee, to introduce relevant evidence, and to confront and cross-examine any witnesses against him or her.

E. To support a finding of peer harassment, at least four members of the committee (or at least two-thirds of any committee with more than five members) must find peer harassment beyond a reasonable doubt.

F. The committee shall file with the Dean a written report on its proceedings and its findings. If peer harassment has been found by the committee, the report shall include a recommended sanction. Such sanctions include, but are not limited to, expulsion, suspension, probation, written reprimand, or remedial activity. A finding of no peer harassment by the committee in accord with the procedures established by this policy shall be final and binding. A finding of peer harassment by the committee may be reversed by the Dean if the Dean determines that the finding is clearly erroneous.

G. The final determination of the appropriate sanction for peer harassment shall be made by the Dean. It may be more or less severe than any sanction recommended by the committee. This determination shall be expressed in writing and provided to the student within fourteen days of the filing of the committee's report with the Dean. The committee members and the complaining student or students shall receive copies of the Dean's determination of sanction. The Dean's determination of sanction may be appealed to the Vice President for Student Affairs of the University.

H. In response to appropriate inquiries, the Law School shall make available to appropriate bar officials the written committee report and the Dean's final determination of sanction.

LAW SCHOOL COMPUTER USE POLICY

Revised 1-22-03
Instructors may restrict or prohibit the use of computers in class subject to any requirements imposed by state or federal disability law.

LAW SCHOOL GRADING POLICIES

To insure a measure of uniformity in grading policies, the faculty has instituted the following regulations:
First Year Grades

The average grade in each first year course shall fall within the range of 2.9-3.1 based on the Law School's grading system (A+ = 4.3; A = 4.0; A- = 3.7; B+ = 3.3, etc.). Variation from this rule is permissible only in extraordinary circumstances which must be outlined by the instructor in a letter to the Dean.

Suggested guidelines, which are not mandatory, are:
---Maximum 33% "A" grades (including A+ and A-)
---Maximum 33% grades of C+ or lower
---Maximum of two A+ grades

Upper-level Grades

Except as set forth below, the average grade in all upper-level courses shall fall within the range of 2.9-3.2. Variation is permissible only in extraordinary circumstances which must be outlined in a letter from the instuctor to the Dean. The grades of non-J.D. students shall be disregarded for purposes of this policy. All courses and seminars with 20 or fewer students are not subject to this policy.
Suggested guidelines, which are not mandatory, are:

---Maximum 33% "A" grades (including A+ and A-)
---Maximum 33% grades of C+ or lower
---Maximum of two A+ grades

School of Law Faculty Policy stipulates that grading should be completed and course grades submitted to the law registrar office within thirty days after the relevant examination period.