Revised_LLM_G_and_A_Rules

UNIVERSITY OF THE PACIFIC

McGEORGE SCHOOL OF LAW

____________

MASTER OF LAWS

GRADING AND GRADUATION POLICIES

RULES, REGULATIONS AND PROCEDURES

_________________

Approved by Graduate and International Studies Committee

15 December 1999

Approved by Grading and Advancement Committee

1 February 2000

Approved by Faculty

February 16, 2000

Approved as Amended by Faculty

February 13, 2002

April 9, 2008

April 22, 2011

November 16, 2012

March 31, 2016

March 9, 2017

August 23, 2018

February 21, 2019

C O N T E N T S

SECTION SUBJECT

100 Introduction

200 Courses

300 Withdrawal

400 Attendance, Preparation & Participation

500 Examinations

600 Grades and Grading

700 Graduation Requirements

800 Repeating Courses

900 Work Taken at Other Law Schools

1000 Amendment & Reservation of Powers

1100 Procedural Rules

100. INTRODUCTION

All Master of Laws (“LL.M.”) candidates are responsible for knowing and understanding

these rules, regulations, and procedures. Failure to be familiar with these regulations does not

excuse a student from the obligation to comply.

Although every effort has been made to ensure the accuracy and completeness of these

regulations, students are advised that the information contained in this document is subject to

change. The Law School reserves the right to modify or change the curriculum, admission

standards, course content, degree requirements, regulations, tuition or fees at any time without

prior notice. The information in these regulations is not to be regarded as something that creates

a binding contract between the student and the school. (added 3/31/16)

101. Authority

The Graduate Studies Committee ( “the Committee”) is the body duly authorized by the

Faculty and Administration of McGeorge School of Law, University of the Pacific

(“McGeorge”), to study, develop, adopt and apply rules, regulations and procedures pertaining to

course requirements, examinations, grading, graduation, and related matters as these matters

particularly apply to Master of Laws (“LL.M.”) students. The Grading and Advancement

Committee implements grading policies affecting Juris Doctor candidates and shall exercise

authority over LL.M. students as provided for herein. (See section 400 & 500) (amended

11/16/12, 3/31/16)

102. Membership

The Graduate Studies Committee shall consist of a minimum of five faculty members,

two alternate faculty members, and three student members.

a. The three student members, one each from the M.P.P or M.P.A., LL.M and M.S.L

program, shall be selected by the McGeorge School of Law’s Director of Graduate

Programs.

b. Student members of the Graduate Studies Committee shall participate in

Committee meetings and vote on general policy considerations. However, they

shall not be present when petitions or other matters regarding individual students

are being considered.

c. Regular and alternate faculty members shall be appointed by the Dean from among

the voting members of the faculty of the School of Law. Alternate faculty

members shall serve, in rotation, in the place of any regular faculty member who

is unable to attend an Executive Meeting of the Committee, as defined in Rule

1001. If fewer than five regular faculty members and alternate faculty members

are available for a scheduled Executive Meeting, the Dean shall appoint a

sufficient number of temporary members from among the voting members of the

faculty to achieve a faculty membership of five. References in these rules to

members of the Graduate Studies Committee include alternate and temporary

members during the time they are serving in the place of any regular faculty

member. (Adopted –03/09/17)

103. Scope and Definitions

The rules, regulations and procedures contained in this document are intended to serve as

a supplement to the official catalog of the law school and the Grading and Advancement

Committee rules referred to herein. This principle applies both to residential and online

programs, and online programs are considered to be offered by the Sacramento McGeorge

campus for purposes of these rules, except where a rule provides otherwise. As used herein:

a. “LL.M. student” refers to a student who has already received a juris doctor degree or

a comparable first professional degree in law and is currently enrolled in an LL.M.

program offered by McGeorge.

b. “Graduate work” refers to course work undertaken for academic credit while enrolled

as an LL.M. student in a program offered by McGeorge .

(amended 11/16/12, 3/31/16, 08/22/18

104. Petitions

Any LL.M. student who is affected adversely by the application of these rules may file, in

the Office of the Director of Graduate and International Programs, a written petition for relief

setting forth the nature of the request and the applicable rule, and the reasons why it should be

granted.

a. Written petitions must be filed within fifteen (15) days of notice of the application of

the rule from which the student seeks relief.

b. No specific format is required for a student petition, the substance being more

important than the form.

c. The Committee shall consider the written petition and grant, modify, or deny the

relief requested.

d. The Committee shall be the final decision-making body in matters concerning LL.M.

student petitions.

(amended 11/16/12, 3/31/16, 3/9/17)

105. Personal Appearances

Any LL.M. student submitting a petition to the Committee pursuant to Section 104 shall

have the right to appear personally before the Committee. Such personal appearance by the

individual petitioner shall be limited to the purpose of informing the members of any new facts

that have a significant and substantial bearing upon the issue before the Committee or to answer

any questions which the members may have relevant to the issue before the Committee.

Personal appearances may be made by attending the meeting in person, or by attending

via Skype, Webex, or similar technology.

In no event shall any inference, either adverse or beneficial, be drawn from an individual

petitioner’s decision to forego a personal appearance in support of his or her petition (amended

11/16/12, 3/31/16, 3/9/17)

106. Reconsideration

A student may file a petition for reconsideration of the Committee’s decision. Such

petitions shall be filed within 15 calendar days from the date of notice of the decision on the

underlying petition. Upon the filing of a student's written petition for reconsideration, the

Committee, by majority vote, may reconsider its decision in any matter previously decided. A

petition for reconsideration shall be limited to a written statement of any new matter that has

arisen or has come to the petitioner's attention subsequent to the original petition. In no event,

however, shall the Committee reconsider the same matter more than once, nor shall a denial of a

petition for reconsideration be subject to further reconsideration. Whenever the Committee

elects to reconsider a decision, the student requesting reconsideration shall not be entitled to

appear personally before the Committee. The composition of the Committee when considering a

petition for reconsideration shall, to the extent practicable, be the same as when it decided the

original petition. (Adopted- 03/09/17)

107. Ex Parte Communications

Students are encouraged to seek academic advice from members of the faculty, and

members of the faculty are encouraged to provide such advice to the extent that it is

consistent with their other obligations. Faculty members of the Graduate Studies

Committee must be cautious that such academic advice efforts do not impair their ability

to bring independent judgment to matters that come before the Committee.

a. Where any member of the Committee believes that his or her independence of

judgment (or the appearance thereof) has been impaired, the member should not

participate in the Committee discussion or decision of any petition that may be so

affected.

b. Except as provided herein, a student and any voting faculty member of the

Graduate Studies Committee must not discuss with each other any petition that a

student has filed, intends to file, or is considering filing under these rules.

c. Students desiring information about the petitioning process should confer with the

Director of Graduate Programs. A student may also discuss Graduate Studies

Committee rules and procedures with the Chairperson of the Committee.

d. This rule does not impair any student’s right to appear personally before the

Committee upon request pursuant to Rule 105. (Adopted- 03/09/17)

200. COURSES

201. Required Courses

The McGeorge School of Law website lists required and elective courses for candidates

for the Master of Laws degree. All required courses shall be taken on a graded basis.

202. Electives

Elective courses to fulfill the unit requirements for the LL.M. degree must be selected

from the approved list of graduate elective courses for that degree, or be approved by the

Director of Graduate and International Programs or his/her designee. Elective courses may be

either “graded” or ‘honors/pass/low pass/unsatisfactory/fail,” and are further described in the

Grading and Advancement Committee Rules. (amended 11/16/12, 3/31/16)

203. Auditing Courses

A degree seeking student who wishes to audit a course must first obtain approval from

both the program director and the instructor of the course, before registering as an auditor in the

course. A registered auditing student must attend at least two-thirds of the class sessions of the

course in order for the course to be listed on the student’s transcript. (amended 11/16/12,

3/31/16, 3/09/17, 2/21/19)

204. Graduation Credit

Of the 24 semester units required for graduation, candidates for the LL.M. degree must

earn no less than 14 semester units in graded courses. (amended 11/16/12, 3/31/16)

205. Maximum Time for Completion of Degree/Minimum Course Load

Candidates for the LL.M. degree must complete degree requirements in three (3)

consecutive years from the date they begin graduate law studies. Upon petition filed under

section 104, this period may be extended for good cause. There is no minimum course load

during any academic period. (amended 11/16/12)

300. WITHDRAWAL

301. Withdrawal from a Course

After the add/drop deadline has passed (but prior to the end of the last day of class),

requests to drop courses must be made to the Director of the program or his/her designee.

Requests are normally approved only if the student demonstrates some special situation or

hardship. A course that a student is allowed to drop after the deadline appears on the student’s

transcript with the notation “W” but does not count in the units earned or in the calculation of the

grade point average.

Tuition and fee refunds, if any, are based on the date the student submitted the request.

(amended 3/31/16)

302. Leave of Absence and Withdrawal from McGeorge

Students who intend to request a leave of absence for up to two semesters or to withdraw

from the degree program have to initiate the process with the program director. The date used by

Financial Aid for Return in the return of Title IV Aid calculation and the effective date used by

the Business Office for tuition refunds, if any, is based on the date of request to the program

director.

Courses the student was registered for after the last day to add/drop appear on that

student’s transcript with the notation “W” but do not count in the units earned or in the

calculation of the grade point average.

If the student has not been enrolled for more than two semesters at McGeorge and

wishes to return, he/she must apply for re-admission.

All rights and privileges offered to currently enrolled students are terminated upon the

effective date of the withdrawal or leave of absence.

400. ATTENDANCE, PREPARATION & PARTICIPATION (amended 11/16/12, 3/9/17)

401. Attendance, preparation and participation are governed by Grading and Advancement

Rules for the JD program sections 300, et seq., except as otherwise provided herein. All appeals

by LL.M students regarding matters covered in the 300 section of the Grading and Advancement

Rules shall be heard by the Grading and Advancement Committee.

500. EXAMINATIONS

501. LAW Courses

For LAW courses, examinations will be administered as provided for in the then current

rules of the Grading and Advancement Committee for the J.D. program, with the exception of

rule 407 and 410 that do not apply to online courses. (See sections 401, et seq.) (adopted 3/9/17)

502. PUB Courses

For PUB courses, examinations will be administered as provided for in the then current

MSL, MPP, MPA Grading and Advancement Rules. (See sections 501, et seq.) (adopted 3/9/17)

503. Additional Time on and Use of Dictionary during Assessments and Examinations

A candidate for the Master of Laws or the Doctor of Juridical Science degree who

received her or his first law degree outside of the United States is entitled to receive time and one

half on, and to use an English dictionary provided by McGeorge during, each proctored essay

and multiple choice assessment or examination for which less time than 4 hours has been allotted

and that constitutes more than 5% of the final grade. (amended 09/26/2016)

600. GRADES AND GRADING

601. Procedures

Grades and grading are governed by Grading and Advancement Rules for the JD program

sections 501, et seq., except as otherwise provided herein. All appeals by LL.M students

regarding matters covered in the 500 section of the Grading and Advancement Rules shall be

heard by the Grading and Advancement Committee. (amended 11/16/12, 3/31/16 )

700. GRADUATION REQUIREMENTS

701. Cumulative GPA

“Cumulative GPA” is the grade point average for all graduate work undertaken at the

School of Law computed as provided in the Grading and Advancement Rules.

702. Graduation Requirements

A candidate for the Master of Laws degree must obtain passing grades in each of the

courses designated as a required course in the Master of Laws program within the time

prescribed in Section 205. The minimum cumulative grade point average required for conferral

of a Master of Laws degree is 2.33. This grade point average must be achieved at the end of the

semester or other academic period in which the first 24 earned units of graduate work are

completed. (revised 4/2006, 4/2011)

703. Applying Credits Earned for the J.D. Degree toward LL.M. Degree

J.D. units earned at McGeorge School of Law in excess of the minimum required to earn

the J.D. degree may be applied toward the LL.M. degree if the J.D. course meets the LL.M.

curricular degree requirements, and if the student received a grade of C+ or higher. When J.D.

credit is granted, both the units and the grade will be transferred for courses offered by the

Sacramento McGeorge campus, whereas only the units, but not the grade, will be credited for

courses not offered by the Sacramento McGeorge campus, including courses in the McGeorge

Summer Abroad Programs. (adopted 11/16/12) (amended 3/31/16)

704. Applying Credits Earned for the J.D. Degree toward Fast-Track LL.M. in Water and

Environmental Law Degree

Up to 12 J.D. units earned at McGeorge School of Law may be applied toward the LL.M.

in Water and Environmental Law degree if the J.D. course meets the LL.M. curricular degree

requirements, and if the student received a grade of C+ or higher. When J.D. credit is granted,

both the units and the grades will be transferred for the courses offered by the Sacramento

McGeorge campus. For courses not offered by the Sacramento McGeorge campus or courses in

the McGeorge Summer Abroad Programs, only the units will be credited. This rule cannot be

combined with rule 703. (Adopted 11/17/16)

705. Applying Credits Earned as an Exchange Student at McGeorge toward LL.M. Degree

Units earned in a course offered by the McGeorge Sacramento campus as an exchange

student may be applied toward the LL.M. degree if the courses meet the LL.M. curricular degree

requirements, and if the student received a grade of C+ or higher. When credit is granted, both

the units and the grade will be transferred for courses offered by the Sacramento McGeorge

campus, whereas only the units, but not the grade, will be credited for courses not offered by the

Sacramento McGeorge campus, including courses in the McGeorge Summer Abroad Programs.

(added 3/31/16)

706. Applying Credits Earned as a Visiting Student in McGeorge Summer Abroad Programs

toward LL.M. Degree

Units earned in one of the McGeorge Summer Abroad Programs may be applied toward

the LL.M. degree if the courses meet the LL.M. curricular degree requirements, and if the

student received a grade of C+ or higher. When credit is granted, only the units, and not the

grade, will be credited. (added 3/31/16)

707. Failure to Satisfy Graduation Requirements - Academic Probation

A candidate for the Master of Laws degree must achieve a minimum cumulative GPA of

2.33 upon completion of 24 units. An LL.M student whose cumulative GPA falls within the

range from 2.180 through and including 2.324 after meeting the 24 unit requirement may

continue enrollment through the end of the next semester on academic probation. During the

probationary period, an LL.M. student must enroll in a minimum of nine units and a maximum

of 12 units. Successful completion of probation requires achievement of a cumulative GPA of

2.33 at the end of the probationary semester. No student may repeat probationary status.

(amended 11/16/12, 3/31/16)

708. Academic Disqualification

An LL.M. student whose cumulative GPA is below 2.18 after meeting the 24 unit

requirement is automatically disqualified and may not re-enroll. (added 11/16/12) (amended

3/31/16)

800. REPEATING COURSES

801. Repeat of Courses

A candidate for the LL.M. degree who receives a grade of “C” or lower in a course may

repeat the course once. The original grade shall remain on the transcript, but once the course has

been repeated, only the repeat grade, even if lower than the original grade, will be counted for

GPA purposes and the student’s transcript will include a notation that the first attempt is

excluded from the GPA. Once excluded, the units from the first attempt will not count towards

the minimum units required for the degree.

A candidate for the LL.M. may repeat only up to 25% of the total units required for the

degree.

900. WORK TAKEN AT OTHER LAW SCHOOLS

901. Course Work Taken at Other Schools by McGeorge LL.M. Students

Admitted LL.M. degree students who wish to transfer law school credits previously taken

at another ABA accredited law school towards the LL.M. in Water and Environmental Law must

obtain approval from the Director of Graduate and International Programs prior to matriculation.

LL.M. students enrolled in a program offered by the Sacramento McGeorge campus who

wish to take an elective course at another ABA-accredited law school must obtain advance

approval from the Director of Graduate and International Programs.

a. Requests for this approval must include the school, course description, syllabus, and

professor.

b. Permission may be granted for a total of six (6) semester units of credit.

d. Students must earning passing grades in a course, as defined by the host institution, to

qualify for transfer credit for that course. When transfer credit is granted, only the

units, and not the grade, will be credited. The course will be treated the same as an

“honors/pass/no credit/fail” course for GPA purposes and for calculation of the ten-

unit maximum in Section 204.

(amended 11/16/12, 3/31/16, 11/17/16)

902. Concurrent Enrollment Prohibited

Concurrent enrollment at McGeorge and any other school is prohibited unless written

permission has been obtained advance from the Director of Graduate and International Programs

or the Associate Dean for Academic Affairs. Courses in English as a second language do not

require such permission. (amended 11/16/12, 3/31/16)

1000. AMENDMENT AND RESERVATION OF POWERS

1001. Amendment

These rules and procedures are subject to amendment at any time by the Faculty upon

recommendation of the Committee. No student shall have a vested right in the continued

enforcement of the rules as now set forth, but amendments shall not be applied in a manner

which would result in preventing a student who is satisfactorily following a regular course of

study from graduating at the normal time. (amended 11/16/12)

1002. Reserved Powers

As described in the catalog, the School of Law reserves the right to modify or change the

curriculum, admission standards, course content, advancement or degree requirements,

regulations, tuition or fees at any time without prior notice. Information in this set of regulations

or the catalog shall not be regarded as creating a binding contract between the student and the

school. (amended 11/16/12)

1100. PROCEDURAL RULES FOR THE GRADUATE STUDIES COMMITTEE

1101 Committee Operating Procedures.

The Committee shall have two types of meetings:

a. Regular Meetings. Regular meetings shall be held at the call of the Chair or upon

request of any two members of the Committee. A proposed agenda shall be

distributed to Committee members at least two days before such meetings.

Persons who are not members or ex-officio members of the Committee may attend

such meetings if the majority of the Committee determines that such attendance is

appropriate. Regular meetings shall consider all policy questions within the

province of the Committee. Regular meetings shall not consider or pass upon

individual student petitions concerning relief from the application of LL.M. rules.

b. Executive Meetings. Executive meetings shall be attended only by non-student

members of the Committee. They shall be called by the Chair as needed and shall

be concerned only with individual student petitions.

(Adopted 3/9/17)

1102. Agenda

The Chair shall prepare an agenda of all regular meetings that shall be available to any

member of the McGeorge Community. (Adopted 3/9/17)

1103. Voting

No Committee members may vote by proxy. (Adopted- 3/9/17)

1104. Faculty Action

All decisions of the Graduate Studies Committee involving major policy considerations

are subject to faculty review. Where the majority of the members of the Graduate Studies

Committee so determine, decisions of the Committee shall not become effective until reviewed

and approved by the faculty. (amended 11/16/12, amended 3/9/17)

1105. Record of Petitions

The Chair or the person he/she so designates will be responsible to keep a log-in, log-out

record of all petitions submitted by students to the Executive Committee of the Graduate Studies

Committee. The Director for Graduate Law Programs shall notify the student when his/her

petition will be heard. When the Executive Committee has decided a petition, the Director for

Graduate Law Programs shall notify the student of the Committee's decision and shall record the

Committee's decision in the student's permanent record file. (adopted- 3/9/17)