4.8.01 Probation and Dismissal.
A. All students are required to maintain an average of 2.0 on a 4.0
scale to be in good academic standing.
1. Full-time students – a first year day student must obtain
a cumulative quality point average of 2.00 or greater by the end of
the spring semester of the first year. A student who fails to obtain
a 2.00 is automatically dismissed.
2. Part-time evening students – a first year evening student
must obtain a cumulative quality point average of 2.00 or greater
by the end of the summer term of the first year. A student who fails
to obtain a 2.00 is automatically dismissed.
3. Part-time day students – a part-time day student must obtain
a cumulative quality point average of 2.00 or greater by the end of
the fall semester of the second year. A student who fails to obtain
a 2.00 is automatically dismissed.
4. Transfer students – a transfer student must obtain a cumulative
quality point average of 2.00 or greater by the end of the first semester
of work undertaken at Capital University Law School. A transfer student
who fails to obtain a 2.00 for work undertaken at Capital University
Law School is automatically dismissed. Only grades obtained at Capital
University Law School are calculated in the transfer student’s
cumulative quality point average. (see 3.2.01(C)).
5. A student with a cumulative quality point average of less than
2.0, but who has not reached the dismissal point described above,
is automatically placed on academic probation.
6. Dismissals are based upon the appropriate dismissal point described
above and not the number of required courses completed. Dropping or
failing to complete a course does not exempt full-or part-time students
as described above from dismissal.
7. Upper division students – a student with a cumulative quality
point average of less than 2.0 after the dismissal point described
above is automatically dismissed.
B. All dismissals are effective as of the conclusion of the semester
or summer term in which a student failed to attain the required 2.0
cumulative quality point average even if the student does not receive
official notice of the dismissal until after the beginning of the next
academic term. When a student is dismissed, he or she is automatically
withdrawn from the Law School and from all courses in which the student
is currently enrolled. For example, if a student is dismissed after
fall semester grades are reported, the student will be automatically
withdrawn from all spring semester courses.
1. As a courtesy to dismissed students who may and do file petitions
for reinstatement, and who are enrolled in fall or spring semester
classes, such petitioners are permitted to attend classes pending
final resolution of their petitions. Therefore, if the petition ultimately
is granted, the reinstatement is made retroactive to the beginning
of such fall or spring semester and the dismissed but reinstated student
has not been compelled to miss any classes.
2. If a dismissed student is not permitted to file a petition, does
not file a petition for reinstatement, or if a dismissed student files
a petition that ultimately is denied, the dismissed student will not
be permitted to continue to attend classes, no matter how much of
the current semester has expired.
3. Dismissed students are ineligible to attend summer school and will
not be permitted to transfer academic credit to Capital for off campus
study. If a student receives a letter of dismissal while enrolled
in summer school or while pursuing an approved course of study elsewhere,
the letter results in immediate withdrawal from the Law School or
revocation of permission to take course work elsewhere. The filing
of a petition for reinstatement does not toll or waive this rule.
Even if a petition for reinstatement is granted, summer course work
or course work elsewhere will not be recognized.
4. Any student who is dismissed and withdrawn from the Law School
after the next semester or summer term has commenced, and is not reinstated,
will be entitled to a full tuition refund as of the end of the previous
semester or summer term.
C. Students who are dismissed, have a cumulative quality point average
between 1.9 and 2.0, inclusive, and who desire to be reinstated on academic
probation must file a petition with the Committee on Admission and Readmission
within the period of time stated in their letter of dismissal. The student
remains dismissed pending action on the petition for reinstatement.
Only if the petition is finally granted is the student removed from
the status as a dismissed student.
4.8.02 Petitions for Reinstatement.
A. When a student is dismissed for failing to attain or to maintain
a cumulative quality point average between 1.9 and 2.0, inclusive as
described in 4.8.01(c) above, he or she may file a petition for reinstatement.
1. A petition for reinstatement is a request by a dismissed student
that an exception to the academic rules of the Law School be granted
and that the dismissed student be permitted to re enter the Law School,
on academic probation, on the condition that the student attain the
required cumulative quality point average at the conclusion of the
next semester.
2. Petitions for reinstatement are distinguished from petitions for
reapplication. A petition for reinstatement is a request that an exception
to the academic rules of the Law School be granted and that the dismissed
student be permitted to re enter the Law School in an advanced student
status, with no extinguishment of the student's past law school academic
record. A petition for reapplication is a request by a former law
student for permission to file a new application for admission to
the Law School as a beginning law student. If such petition is granted
and a student is admitted after competing with other candidates in
the applicant pool, the student begins Law School anew. He or she
repeats all required courses previously taken, and former grades are
not computed in determining the student's cumulative quality point
average. Petitions for reapplication are very rarely granted, and
then only when the former student has been out of law school for several
years.
B. When a student is dismissed for academic deficiency, it is presumed
that the reason for such deficiency is an inability to study law and
there is a heavy presumption against reinstatement. The petitioner (dismissed
student who files a petition for reinstatement) must convince the members
of the Law School Council and its appropriate committee that the grades
received by the dismissed student are not an adequate measure of the
student's learning or performance. In particular, the petitioner must
prove:
1. that the academic deficiency was the result of causes other than
an inability to study law;
2. that such causes were extraordinary and sufficiently substantial
to cause poor academic performance;
3. that such causes were beyond the petitioner's control, or were
justifiable (e.g., "I didn't study" or "I worked 20
hours per week as a fulltime student" may show that the causes
for academic deficiency were not caused by an inability to study law,
but such causes are hardly considered justifiable);
4. that the causes for the academic deficiency have been fully or
substantially resolved, and no longer exist; and
5. that, given one more semester of legal study, the student will
be able to attain the required cumulative quality point average.
C. It should be understood that information not given by the student
in the petition for reinstatement is considered inconsequential. Thus,
petitioners should, even in the instance of the most private, relevant
matter, provide to the committee, in writing, all information pertinent
to the petition. All matters thus presented to the committee are strictly
confidential.
D. No student having been reinstated pursuant to a petition for reinstatement
may be reinstated a second time should the student fail to attain the
required 2.0 cumulative quality point average, or is subsequently dismissed
a second time.
4.8.03 Procedure for Hearing Petitions for Reinstatement.
A. When a student is dismissed, the student is sent a letter that officially
notifies the student of his or her dismissal. The letter of dismissal
will advise the dismissed student of the privilege to file a petition
for reinstatement within a certain number of calendar days.
B. All petitions for reinstatement are forwarded by the Dean or his
designate to the Committee on Admissions and Readmissions, which consists
of both faculty members and students.
1. The committee compiles a list of all dismissed students who have
petitioned for reinstatement, along with pertinent information such
as the petitioners' admissions indices (LSAT score and undergraduate
cumulative quality point average) and Law School grades. This information
is made available, in a manner designed to safeguard the confidentiality
of the students, to all committee members and members of the Law School
Council (full time faculty members and two students). Council members
and committee members are also encouraged to inspect the student file
of each petitioner.
2. For purposes of this policy on reinstatement, if there is no minority
member of the Law School faculty, the Dean designates a minority counselor
who shall have all of the rights and privileges of a council member
except that he or she shall not attend or vote at council or faculty
meetings. Thus, with the exception of attending and voting at council
or Faculty meetings, the term "council member" as used in
this policy shall include the designated minority counselor.
3. Petitions for reinstatement will be considered by student representatives
of the Admission Committee and on the Law School Council only if the
petitioner so requests. Petitioners desiring student representatives
to participate in the consideration of their petitions must affirmatively
request this at the time that the petition is filed, and may do so
by completing the appropriate waiver form that is supplied to the
student by the Law School.
4. Council members are asked to make written comments, suggestions,
or recommendations to the committee relative to any or all petitioners,
if council members so choose, council members need not submit such
comments, suggestions, or recommendations should they choose not to
do so. Such comments usually are evaluations by faculty members of
the individual petitioner's ability to succeed in Law School.
C. The committee then meets to discuss each petition for reinstatement.
Petitioners do not appear nor do they have representatives appear on
their behalf.
1. The committee, in its deliberation, considers whether the student
has a realistic chance of achieving academic success upon reinstatement.
Factors considered by the committee include, but are not limited to,
the following:
a. the grade point average at the time the student petitions, including
the level of performance a student must maintain to raise the grade
average to 2.0;
b. the student's entering credentials and apparent aptitude for
the study of law;
c. reasons given by the student in the petition for poor performance
and other matters presented by the student in the petition, with
particular reference to the factors listed in Section 4.8.02.(B);
d. comments and recommendations by members of the Law School Council;
e. the student's level of motivation, including class attendance,
hours of study, study techniques, attempts to improve study habits,
positive attitude toward legal study, personal responsibility, and
any other information called to the attention of the committee;
f. the number of hours a student has attempted at the time of the
petition;
g. other factors that are germane to the student's character, competence,
and fitness to practice law.
2. After full discussion of the merits of a petition, the committee
by majority vote makes a preliminary decision:
a. to deny the petition and allow the dismissal to stand.
b. to grant the petition and reinstate the petitioner on probation
to attain the required cumulative quality point average at the end
of the next semester or term. The committee may also impose other
conditions on reinstatement.
c. to table the petition until further information is received.
d. to deny the petition but invite the petitioner to apply for
reinstatement in the future. This is rarely done.
D. After the preliminary decisions are made by the committee, all committee
members and council members are informed of the preliminary decisions.
1. Any committee member or Council member who disagrees with the
preliminary decision of the committee regarding a particular petitioner
may request that the committee reconsider this preliminary decision
if the person making the request has "standing" to do so.
All committee members have "standing". Council members not
on the committee have "standing" to request reconsideration
only if such person had previously given written comments to the committee
regarding the petitioner relative to whom the request for reconsideration
is made. See Section 4.8.01(B)(4).
2. Where no requests for reconsideration are made, the preliminary
decision of the committee becomes final.
3. Where a request for reconsideration is made, the committee will
again meet and conduct a new hearing on such petition. again there
is no appearance by the petitioner or his representative. The committee
by majority vote may either reaffirm its prior decision or make a
new decision. See Section 4.8.03(C)(2) for possible decisions, which
the committee may make.
E. After decisions on reconsideration are made, all committee members
and council members are informed of the decisions on reconsideration.
1. Any committee member or council member who disagrees with the
committee's decision on reconsideration regarding a particular petitioner
may request review by the full Law School Council if the person making
the requests for council review has "standing" to do so.
A person has "standing" to request council review only if
such person had "standing" to request consideration by the
committee, and did so request reconsideration, pursuant to Section
4.8.03 (D)(1).
2. Where no requests for council review of the committee's decision
on reconsideration are made, such decisions become final.
3. Where a request for council review is made, the council will meet
to conduct such review. Neither the petitioner nor a representative
is present. The council may by majority vote either affirm the decision
of the committee or make a new decision. See Section 4.8.03(C)(2)
for possible decisions that the council may make.
F. It should be noted that requests for committee reconsideration or
for council review can be made only by committee members or council
members who provided written comments to the committee. Individual petitioners
are notified only of final decisions. They are not notified of any intermediate
decisions, and cannot themselves initiate requests either for committee
reconsideration or for council review. The purpose of the three step
procedure outlined above is not to provide an appellate process, but
rather to allow the Law School Council to delegate its function of taking
academic actions to a committee while at the same time not losing complete
control over this process.
4.8.04 Miscellaneous Matters.
A. Committee members and council members, in cases involving petitions
for reinstatement, have the obligation to make objective evaluations
of all such petitions, considering the best interests of all concerned
parties: the individual petitioners, the Law School, the legal profession,
and the community. Committee members and council members therefore do
not act as advocates for individual petitioners, but as individual faculty
members, administrators, or fellow students they may be called upon
for advice by dismissed students.
B. The procedures outlined above are those currently in force. They
are subject to change at any time by the Law School Council or by the
Committee on Admission and Readmission.
C. Students on academic probation do not receive financial aid from
Capital University, and are not permitted to engage in extracurricular
activities during the period of probation.
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