Academic Policies

ABA Rules

Rules Governing Professional Training of Law Students

Law students may be able to engage in supervised representation of low income individuals in limited circumstances pursuant to the North Carolina Rules of Professional Conduct (Subchapter C, Section .0200 Rules Governing Practical Training of Law Students of the N.C. Rules of Professional Conduct).

To engage in activities permitted by these rules, a law student must satisfy the following requirements:

Be enrolled in a law school approved by the Council of the North Carolina State Bar.
Have completed at least three semesters of the requirements for a professional degree in law (J.D. or its equivalent).
Be certified in writing by a representative of his or her law school, authorized by the dean of the law school to provide such certification, as being of good character with requisite legal ability and training to perform as a legal intern.
Be introduced to the court in which he or she is appearing by an attorney admitted to practice in that court.
Neither ask for nor receive any compensation or remuneration of any kind from any client for whom he or she renders services, but this shall not prevent an attorney, legal services corporation, law school, public defender agency, or the state from paying compensation to the law student or charging or collecting a fee for legal services performed by such law student.
Certify in writing that he or she has read and is familiar with the North Carolina Revised Rules of Professional Conduct and the opinions interpretive thereof.

27 N.C. Admin. Code 1C.0200 (2007)

Certification forms can be found on the N.C. State Bar website.

In- and out-of-state certification forms should be submitted to the law school registrar’s office.

Clinic and externship program students: This process will be managed by law school personnel.

Student Complaints

The ABA Standards related to student complaints may be found at the ABA’s website. Any student at the law school who wishes to bring a formal complaint to the administration of the law school regarding a significant problem that directly implicates the school’s program of legal education and its compliance with the ABA Standards should do the following:

Submit the complaint in writing to the Associate Dean for Academic Affairs or the Associate Dean for Student Development, with a copy to Alice Isley, who serves as administrative assistant to the Associate Deans. The writing may consist of e-mail, U.S. mail, or fax. If it is submitted by e-mail, which is the preferred form, the subject line is to read “Formal Student Complaint” to ensure appropriate attention.
The complaint should describe in detail the behavior, program, process, or other matter that is the subject of the complaint and should explain how the matter implicates the law school’s program of legal education and its compliance with a specific, identified ABA Standard(s).
The complaint must provide the name, official law school e-mail address, and a street address of the complaining student, for further communication about the complaint.
Within three weeks after a complaint is received by the Associate Dean for Academic Affairs or the Associate Dean for Students Affairs, the student will be advised of the resolution of the complaint, any further investigation into the matter, or action the law school is taking to address the matter.
The complaining student may appeal the decision or action of the law school to the Dean of the law school within ten days of being advised of the law school’s response to the complaint. The decision of the Dean shall be final.
A copy of the complaint and a summary of the process and resolution of the complaint shall be kept in the office of the Dean for a period of eight years after the date of final resolution of the complaint.

Standard 512. Student Complaints Implicating Compliance with the Standards

A law school shall establish, publish, and comply with policies with respect to addressing student complaints.
A law school shall maintain a record of student complaints submitted during the most recent accreditation period. The record shall include the resolution of the complaints.
A “complaint” is a communication in writing that seeks to bring to the attention of the law school a significant problem that directly implicates the school’s program of legal education and its compliance with the Standards.

Disability

Enrollment

Auditing

Students may audit classes in which space is available, provided permission is obtained from the instructor and the Associate Dean for Academic Affairs. Persons not enrolled in the Law School or elsewhere in the university ordinarily may not audit law classes. Students who audit courses must attend class regularly for the entire semester. No record is kept of courses audited and no fees are charged to full-time students. Students should not ordinarily enroll in a class for credit if they have previously audited the class.

Course Credits

Students must complete at least 65 credit hours of the 86 credit hours required for graduation by attending regularly scheduled class sessions at the law school. See ABA Standard 311(a) and Interpretation 311-1.

“Regularly scheduled class sessions” include coursework at a law school where the student receives credit toward the Juris Doctor degree, classroom offerings at the law school, classroom offerings through an ABA-approved foreign study program and law school clinical offerings.

“Regularly scheduled class sessions” do not include:

Classes taken for law school credit outside the law school, including classes taken by dual-degree students outside the law school for credit toward law school graduation.
Independent studies.
Externships.
Co-curricular activities, including journals, moot court and trial competitions.

Regularly scheduled courses may or may not be pass/fail. Students are responsible for monitoring their schedules to ensure that they have at least 65 credit hours earned in regularly scheduled class sessions.

Courses Outside of the Law School

Upper-class law students may register for up to six credit hours outside the law school and receive credit towards the minimum hours required for graduation so long as the following requirements are met:

The course is at the graduate level (numbered 400 or above)
It is significantly related to legal education
It is approved in advance by the associate dean for academic affairs.

A grade of P or better (on the graduate school scale of H, P, L and F) will be transferred to the law record on a credit basis. Credits for courses taken outside the law school may not be used toward the 65 credit hours that must be earned in regularly scheduled law school classes.

Distance Education

A student may earn no more than the following amounts of credit in distance-education courses: 10 credits from among the required 30 first-year credits and 28 credits from among the required 86 total credits. A distance-education course is one in which (1) students are separated from all faculty members for more than one-third of the instruction and (2) the instruction uses technology to support regular and substantive interaction between the students and all faculty members, synchronously or asynchronously.

Drop/Add

Students who fail to attend at least one of the first two class meetings of a second- or third-year course that has a waiting list, or the first meeting of a second- or third-year course or seminar that meets only once a week and has a waiting list will be dropped from the course or seminar unless the student’s absence is excused for illness or other good cause by the Associate Dean for Academic Affairs. When possible, students are required to seek consent for such absences from the Associate Dean for Academic Affairs in advance of the class periods.

Students may not drop or add any course after the drop/add deadline, except in unusual circumstances, such as extended absence due to a student’s or a family member’s illness. This may be done only with the consent of the Associate Dean for Academic Affairs.

Independent Research

A student is permitted to enroll in independent studies under the supervision of a member of the full-time faculty for a maximum of three hours of academic credit. Before registering for an independent study, the student must obtain the consent of the supervising faculty member (usually recorded on a form provided by the Registrar). A member of the faculty is under no duty to accept an independent study project. Any project accepted must fall within the study interests of both the faculty member and the student. Students must certify that they are in compliance with the policy regarding multiple uses of written product.

(Revised: December 2010)

One, two, or three credit hours may be awarded for an independent study project, provided no student may receive academic credit for more than three credit hours total for all independent studies undertaken during the student’s Law School career. The faculty member and student must determine the credit hours to be awarded before the project begins and may not thereafter either increase or decrease the credit hours. As a general rule, each hour of credit requires no fewer than fifteen pages of substantive writing. Moreover, American Bar Association Standard 310 requires a minimum of three hours of out-of-class time per week for each credit hour awarded in a non-classroom course. Therefore, students should expect to devote a minimum of nine hours each week for a three-credit independent study, six hours a week for a two-credit independent study, and three hours a week for a one-credit independent study. Students should report to faculty supervisors the amount of work they perform each week.

Although independent study projects are not required to follow a specified form, they should approximate the work required for a RWE course. Thus, an independent study should involve a significant research paper, or series of related papers that are the functional equivalent of a significant research paper, under the direct supervision of a faculty member. A key component of faculty supervision involves significant individualized feedback on both the student’s ideas and writing product, including a substantial draft. Faculty and students should also meet periodically throughout the semester, although there is not a specified amount of meeting time required.

(Revised: May 2015)

Grading for independent study projects should be in accordance with general Law School standards.

Inter-Institutional Courses

Students who want to take law school courses that are not available at UNC may do so at the law schools of either Duke University or N.C. Central University. Students should determine the availability of the course and then check with the UNC registrar for proper registration procedures. Students may not fulfill the Rigorous Writing Experience by taking seminars at these institutions (with the exception of some dual-degree programs).

The grade received in an inter-institutional course is not factored into the grade point average, but will be posted to the student’s transcript. A student must receive at least a C, 2.0, or the equivalent, in order to receive credit for the course toward graduation from the UNC School of Law. Credits earned in law school classes at Duke and NCCU may be used toward the 65 credit hours that must be earned in regularly scheduled law school courses.

Mandatory Enrollment for 2Ls in Professional Responsibility and for Students Subject to the Guided Enrollment Policy

All rising 2Ls must enroll in Professional Responsibility and complete the course during the 2L year (which includes the summer immediately after completion of 1L courses).Also, a student whose GPA is below 2.750 at the end of the 1L year is subject to the Guided Enrollment Policy (GEP), which mandates enrollment in certain courses. Students subject to the GEP must enroll accordingly or may need to drop/add courses accordingly.

Maximum and Minimum Credits per Semester or Summer Session

While second- and third-year law students typically enroll in 12 to 14 credits per semester, the maximum allowable number of credits is 16–unless the Associate Dean for Academic Affairs grants special permission to a student to enroll in 17 credit hours, the maximum allowed by ABA Accreditation Standard 311(c) (prohibiting enrollment that exceeds 20% of total required credits; 20% of Carolina Law’s required 86 credits is just over 17). Students with burdensome responsibilities may be required to register for fewer than the usual number of credits, but no fewer than 9 credits per semester. The maximum allowable credits for a summer session is 6.

Time Overlaps

Students are not permitted to enroll in courses or seminars with overlapping times.

Transfer of Credits for UNC Students

Students enrolled in the UNC J.D. program may take courses at an institution instead of UNC Law School and its graduate departments and schools and use those credits toward their J.D. degree in situations described in this section. Except in extraordinary circumstances and with permission of the Associate Dean for Academic Affairs, students must complete a Professional Responsibility course, their RWE credits, and an Experiential course at UNC Law School. In all cases, students must be in good standing at UNC, receive advanced permission from the Associate Dean for Academic Affairs for the course or courses selected before undertaking the study at another institution, and receive a grade of C or better in any course taken for which transfer of credit is sought. In making decisions to approve particular courses for transfer credit, the Associate Dean will principally approve courses that are similar in content and academic rigor to those offered at UNC Law School for upper-level students. Students may be required to document the academic value of the course by providing course syllabi and a list of required readings and/or writing assignments for proposed courses.

Summer School

A student may earn no more than twelve transfer credits per summer for summer school classes taken at an ABA accredited United States law school. The Associate Dean for Academic Affairs must approve the institution chosen prior to matriculation, except for North Carolina Central Law School which is a pre-approved institution.

Foreign Study Abroad at Program Sponsored by ABA Approved Program.

A J.D. student may earn no more than twelve credits in summer school and no more than sixteen credits for a semester-long program at an ABA approved study abroad program. The Associate Dean for Academic Affairs must approve the institution chosen prior to the student’s matriculation. In approving a student’s request, the Associate Dean considers the potential benefits of the proposed courses to the student’s academic development, the student’s cumulative GPA, and the nature of elective courses previously taken, with the principal concern of the student having the critical competencies for law practice and being prepared to pass the bar examination.

Foreign Exchange Programs

J.D. students may earn no more than sixteen credits for a semester long program at one of UNC’s established foreign exchange programs. The current list of established programs is posted on the International Programs website. Typically, twelve to fifteen credits are approved. In approving a student’s request, the Associate Dean considers the potential benefits of the proposed courses to the student’s academic development, the student’s cumulative GPA, and the nature of elective courses previously taken, with the principal concern of the student having the critical competencies for law practice and being prepared to pass the bar examination.

Study at a Foreign Law School

A J.D. student may earn no more than twelve transfer credits in summer school and no more than sixteen credits for a semester-long program at a foreign law school. The Associate Dean for Academic Affairs must approve the institution chosen by the student prior to the student’s matriculation with the principal concern for the overall academic quality of the institution’s legal studies program and its satisfaction of ABA instructional requirements. In approving a student’s request, the Associate Dean considers the potential benefits of the proposed courses to the student’s academic development, the student’s cumulative GPA, and the nature of elective courses previously taken, with the principal concern of the student having the critical competencies for law practice and being prepared to pass the bar examination.

Semester and Year-Long Visits

J.D. students may receive no more than sixteen transfer credits in any semester and no more than thirty transfer credits in an academic year and in total visiting at another ABA approved United States Law School. Both the visit at a particular school and the courses taken at that law school must be approved by the Associate Dean for Academic Affairs. Permission to visit away may be granted for reasons of personal or family hardship and medical conditions. Examples of such situations include a student’s spouse being indefinitely transferred to another state and a student needing medical treatment away from Chapel Hill.

Seeking employment opportunities in another location is not a recognized justification. Requests to visit should be made as early as possible. Ordinarily, such requests must be made in writing and absent exceptional circumstances must be made no later than March 31 for a proposed visit during the Fall Semester and no later than October 31 for a visit during the Spring Semester.

Transfer Students

Students Transferring to UNC

UNC accepts very few transfer students each year. To be admitted, transfer applicants must have met the admission requirements of the class to which he or she would have been a part.

Transfer Credits

UNC School of Law will accept up to 30 transfer credit hours. These credits are reviewed on a case-by-case basis by the Associate Dean for Academic Affairs, who reviews the transcript, makes the determination and notifies students before they enroll what courses will be accepted for transfer credit. The criteria for transfer credit hours include that:

The student must have received a grade of “C” or better in the courses at the original school.
The courses must either be courses that are typical first-year courses (i.e., Civil Procedure, Constitutional Law, Contracts, Criminal Law, Property, and Torts) or law school courses in which an upper level student would receive credit at UNC.

After enrolling, transfer students may take no more than 11 additional hours of ungraded courses at UNC.

Students Transferring from UNC

More information is available under Leaving the School.

Evaluation and Grading

Class Ranks

UNC School of Law no longer provides class ranks for individual students, with the exception of the top 10 students in each class. Students and employers will receive information about the grade-point-average cutoffs for the top 10 percent, top third and top half of each class, however.

Dean’s List

The top 50% of the class in any semester is eligible for the Dean’s List provided he or she has no grades of Incomplete or Absent from Final Exam (AB). Dean’s List for first-year students are also awarded, but is not announced for the fall semester until the end of the first year along with the spring semester awards.

Grading Policy

Grading Scale

The grading scale ranges from a high grade of A (4.0), A- (3.7), B+ (3.3), B (3.0), B- (2.7), C+ (2.3), C (2.0), C- (1.7), D+ (1.3), to a low passing grade of D (1.0).

An A+ (4.3) may be awarded in exceptional situations (e.g., an A+ should not be awarded as a matter of course to the top student in each class, but only if the top student’s performance is exceptional compared to the next student in the class). There is no D-; a failing grade is F (0.0).

Faculty members will report letter grades (with pluses and minuses, as appropriate) to the registrar. Some designated courses are graded on a pass-fail basis.

First-Year Curve

First-year classes are subject to a mandatory curve. The curve has two aspects: a mean requirement and a distributional requirement. All first-year courses are subject to the mean requirement. In addition, a distributional requirement applies to the large-section first-year courses.

Distributional requirement

Percent	Grade
35% (31-39%)	A A-
55% (51-59%)	B+ B B-
10% (6-14%)	C+ C

A deviation of 4 percent is permitted in each letter grade category.
A grade of A+ is considered part of the 35 percent of grades to be awarded in the A to A- range.
Grades below C will be considered part of the 10 percent of grades to be awarded in the C+ to C range.

Mean requirement

In RRWA sections, the mean has a permissible range from 3.300 to 3.500. In courses other than RRWA, the class grade mean is 3.250, with a permissible range from 3.200 to 3.300.

A grade below a C is considered a 2.0 for purposes of determining the required mean.
An A+ is counted based on its actual value (4.3) for determining the required mean.

Upper-Class Mean

In upper-class courses, the mean GPA should ordinarily fall within a relatively narrow target band, varying by no more than .1 in order to ensure fair treatment of all students. In small-enrollment upper-class courses (16 or less students), a variance of .3 is permitted. In upper-class writing courses (RWE), the mean GPA is somewhat higher, and a variance of .2 is permitted. The bands for upper-level offerings are as follows:

Type of Class	Target Band
Courses (Small-16 or less students)	3.1-3.4 mean GPA
Courses (Larger-more than 16 students)	3.2-3.3 mean GPA
RWEs	3.4-3.6 mean GPA

Faculty members are permitted to deviate from these bands by ratcheting upwards or downwards if the mean GPA of students in the course is higher or lower than the overall mean GPA for upper-class students. For example, if the average GPA of upper-class students is 3.305, but the average GPA of the students in a Federal Jurisdiction class is 3.390 (.085 above the overall mean), the professor MAY but is NOT required to raise the class mean by .085-awarding grades in Federal Jurisdiction pursuant to a mean of 3.200-3.385, rather than 3.2-3.3. Similarly, if a Corporate Tax course draws a class with a mean GPA that is .085 lower than the overall upper-class mean, the professor MAY but is NOT required to ratchet the mean for that course downwards by .085 (3.115-3.300).

Retention and Graduation

An annual cumulative grade point average of 2.2 is required to continue in the law school at the end of the first year, and a cumulative GPA of 2.25 is required to continue after the second year and to graduate.

Guided Enrollment Policy

Any student who fails to earn a cumulative grade point average of 2.75 at the end of the first year will be required to satisfy any conditions required by the Law School for continued enrollment. Under this guided enrollment policy, the Associate Dean for Academic Affairs, or the Associate Dean’s designate, will develop mandatory conditions for each student. These conditions may include, but are not limited to, a requirement that the student take, or not take, certain courses or types of courses; that the student maintain a certain course load; that the student attend, or not attend, one or more summer sessions; or that the student refrain from outside employment or extracurricular activities.

Incompletes

Faculty members may award a grade of “Incomplete” (designated “IN” on a transcript) in instances in which they believe the award of such a grade is warranted. Incompletes should generally be cleared by the end of the semester following the semester in which a grade of Incomplete is awarded. Determinations that a longer period is to be made available to clear the Incomplete may be made justified by special circumstances, and in consultation with the Associate Dean for Academic Affairs. Incompletes that are not cleared within one year are converted to 0.0, although in extraordinary circumstances the faculty member, in consultation with the Associate Dean for Academic Affairs, may authorize a student to withdraw with a grade of IN.

Pass/Fail Courses

Some courses are designated as pass/fail courses. Students may not change a graded course to a pass/fail course. The 65-hour requirement is not affected by whether a case is graded on a pass/fail course or not.

Grade Changes and Appeals

Except for grade changes secured through the grade appeal process, faculty members may change grades posted by the University Registrar only when an arithmetic, recording, or clerical error is involved.

A student may appeal a grade of 1.7 or below to the dean. Review is limited to determinations of:

A plain error in computation.
The use of clearly unacceptable standards of professional judgment in grading.
Personal bias or prejudice that manifestly influenced the grading process to the student’s detriment.

The University’s policy on Prohibited Harassment and Discrimination prohibits discrimination or harassment on the basis of an individual’s race, color, gender, national origin, age, religion, creed, disability, veteran’s status, sexual orientation, gender identity or gender expression. Section V of this policy provides specific information for students who believe that they have been discriminated against or harassed on the basis of one or more of these protected classifications.

Students who want additional information regarding the University’s process for investigating allegations of discrimination or harassment should contact the Equal Opportunity and Compliance Office for assistance:

Equal Opportunity and Compliance Office
The University of North Carolina at Chapel Hill
214 W. Cameron Avenue, 2nd floor
Campus Box 9160
Chapel Hill, North Carolina 27599
Telephone: 919.966.3576
Fax: 919.962-2562
Email: eoc@unc.edu

If a student raises a claim of prohibited harassment or discrimination during an academic appeal, an investigation of the student’s claim must be performed under the direction of the Equal Opportunity and Compliance Office. The school or department must await the results of the harassment or discrimination investigation before deciding the student’s academic appeal.

All grade appeals must be filed in writing within 60 days of the student’s receipt of the grade. A copy of the grade appeals procedure may be requested from the Associate Dean for Academic Affairs.

Class Attendance

Minimum Class Attendance Policy

Students are required to attend class regularly and in a punctual manner, whether their classes are held in-person or online. Failure to do so may result in a failing grade in the course.
- “Regular” attendance is defined as attending at least 80% of the classes. Instructors may establish higher expectations. All absences, including excused absences, count against the 80% attendance requirement or whatever is established by the instructor.”
- Some absences are “excused absences.” Excused absences include COVID-related situations (e.g., COVID symptoms, exposure to the virus, quarantine, confirmed infection), other personal/family illness, personal/family emergency, pregnancy, disability, and absences provided for religious observance under law school’s policy.
  - Excused absences for pregnancy or disability should be approved by Accessibility and Resource Services and/or the Equal Opportunity and Compliance Office.
  - Instructors have the discretion to approve other requested absences. These may include, for example, unavoidable scheduling conflict with for-credit law school activities and unavoidable job interview conflicts.
  - Anyone who is experiencing any symptom(s) indicated on the University’s screening checklist (COVID-19 screening checklist) must not attend in-person classes, which includes anyone who has been exposed to the virus within the recent past.
- If a student accumulates enough excused absences so that the student cannot meet the course attendance requirement, the student must “make up” those absences.
- “Making up” an excused absence requires completing course work as determined by each instructor so that the “excused absence” converts to “attended class.”
- In addition to the minimum attendance required to receive credit for the course, instructors are permitted to take poor attendance into account for grading purposes and must provide notice of such policies on the course syllabus. It is the student’s responsibility to review each course syllabus and communicate in a timely manner with instructors regarding any reasonably anticipated absence.
Instructors are required to ensure that students meet the regular attendance requirement by doing the following:
- Instructors must explain their attendance requirements and expectations in their syllabi and encourage students to ask questions.
- Instructors must determine ways students can make up excused absences so that they can essentially convert an absence to “attending.”
- Instructors must provide reasonable alternatives that permit students to meet course objectives and learning outcomes.
- Instructors teaching experiential, RWE, and/or RRWA courses may seek an exemption from the Associate Dean for Academic Affairs from the requirement that they provide opportunities for their students to make up excused absences. The Associate Dean shall grant an exemption only if it would not be possible to make up the absence without fundamentally altering the essential nature of the course. In such courses, students with excused absences who exceed the allowable number of absences will be permitted to drop the course.
- To monitor the attendance requirement in their courses, instructors must take attendance for every class meeting.
- The Associate Dean for Academic Affairs will give guidance to instructors on how to take attendance in their courses, including online courses. Instructors must state their method for taking attendance in their syllabi.
- If an instructor determines that a student has violated the attendance policy, the instructor should notify the Associate Dean for Academic Affairs. If the instructor determines that a student’s absences exceed the permitted level, the student will not be permitted to complete the work for the course and will receive a failing grade in the course, unless otherwise determined by the Associate Dean for Academic Affairs. The Associate Dean may provide limited waivers for unexcused absences in appropriate situations.

Religious Observance

Students are authorized up to two excused absences each academic year for religious observances required by their faith. Students who wish to request more than two excused absences in an academic year for religious observances required by their faith will need to contact their course instructors and request the additional absence, which will only be granted with the course instructor’s permission. Primary holy days for religious observance are noted on the University Office of Diversity and Inclusion’s cultural holiday calendar.

Students are responsible for providing a written notice for an excused absence for a religious observance two weeks in-advance of the date requested or as soon as possible if the date occurs within the first two weeks of the semester. This policy also applies to students who have an excused absence for a religious observance during the summer.

Students must be given the opportunity to make up tests and other work missed due to an excused absence for a religious observance. Make up tests may entail an alternative examination, or other accommodation which allows the student not to be penalized for an excused absence for a religious observance.

If students know in advance that they must miss one or more final examinations because of religious observance, they should notify in writing the Assistant Dean for Student Development no later than the last day to submit exam rescheduling forms. If a conflict arises after this deadline, the students should notify Assistant Dean for Student Development as soon as they become aware of the conflict. The School of Law may require documentation of a student’s religious observance.

Generative AI Tools Policy

Multiple Uses of Written Product

It is the policy of the law school that the same or substantially similar written product may not be submitted more than once in fulfillment of the writing requirements of any law school course (e.g., RWE, independent study, externship or clinic) or other law school recognized activity (e.g., journal, moot court, trial team).

Writing on the same or a substantially similar topic in fulfillment of multiple law school writing requirements is discouraged, but may be done, provided certain conditions are met. Such writing may occur simultaneously or sequentially. Students are cautioned, however, that they risk not receiving credit for both simultaneous writings or the second sequential writing if the two written products are deemed to be the same or substantially similar.

If such writing is done in the same semester (simultaneously), the student is responsible for notifying each party to whom the work will be submitted in fulfillment of a writing requirement (“evaluating party”) that the student is writing on related topics for more than one such party, and receiving clearance from all such parties to proceed. The student is also responsible for submitting to all evaluating parties the final products that are or have been produced. Each evaluating party shall independently determine if it is a substantially different product and may be used to meet the evaluating party’s writing requirement. (For a course, the evaluating party will be the professor. For credit to be provided by a student organization, the Editor in Chief, Chief Justice, or his or her equivalent or designee will make the determination in consultation with the group’s faculty advisor.)

If a student is writing on a topic that is the same or substantially similar to which a student has previously received credit from an evaluating party, the student must so notify the second evaluating party, provide a copy of the previously-credited written product, and receive permission from the second evaluating party to proceed. The second evaluating party shall determine if the proposed final product is substantially different and may be used to meet the evaluating party’s writing requirement.

Students will not receive credit for both simultaneous writings or the second sequential writing if any evaluating party determines that the two written products are the same or substantially similar. This determination will necessarily occur after the student has completed the required work. Therefore, students are advised to select different topics for written products required for any law school course or other law school recognized activity.

Organizations, such as student edited journals that require the submission of written products, are encouraged to provide prominent notice of this restriction to all participating students. However, failure to provide such notice does not relieve students of their responsibility to abide by this Law School policy.

Recording and Distribution of Classes

Examinations

Disability Accommodation for Exams

Students whose disability requires them to take examinations with accommodations must make arrangements with the Assistant Dean for Student Development. Which examination accommodations will be provided, if any, will be determined by UNC Accessibility Resources & Service and communicated via letter to the Law School Student Development Office. The accommodations may include extra time, separate testing rooms or special software or equipment.

Exam Rescheduling

The UNC School of Law policy for examination rescheduling is administered by the Office of Academic Affairs and the Office of Student Development. Only second- and third-year law students who have examinations at conflicting times may schedule their make-up exams under the policy, and no exams may be rescheduled outside of the faculty approved policy that follows.

Examination rescheduling request forms will be available from the rack of materials in the Office of Student Affairs suite and online. Law students who qualify to reschedule final examinations must complete the required form and return it to the Registrar.

A student may reschedule an exam in the following situations:
1. When the student has two exams on the same day.
2. When the student has one exam on the afternoon of one day and one on the morning of the next. A Friday exam followed by a Monday exam does not qualify for rescheduling.
3. When the student has one exam each day for three consecutive days.
4. When the student has four exams in the space of five consecutive days.
The Assistant Dean for Student Development or the Director of Student Services may, after consultation with the faculty member involved, adjust examination schedules for sound academic reasons, which may include illness, emergency situations or other compelling academic reasons.
The exam that may be rescheduled under No. 1 will be:
1. The later of the two, if they are scheduled at different times.
2. The longer of the two (meaning the class that has the higher number of credit hours), if they are scheduled at the same time and are of different lengths.
3. That of the professor whose last name comes later in alphabetical order, if they are scheduled at the same time and are of the same length.
4. The second of three exams if rescheduled under 1C.
5. The third of four exams if rescheduled under 1D.
Any exam rescheduled under #1 will be taken on the next available regularly designated make-up period that does not create another conflict under this policy.
Any exam rescheduled under #2 may be rescheduled on the next available regularly designated make-up period or as designated by the Assistant Dean for Student Development or the Director of Student Services.

Students are reminded that the Honor Code is in effect for the entire exam period. The Code prohibits asking for, or giving, any information between students about administered exams, including seemingly innocuous statements like the exam was “easy” or “hard.” If you have specific questions about your exam schedule or rescheduling policy, please see Dean John Kasprzak.

(Adopted: December 2010)

Absences During Final Exams

Students who want to change an exam date due to a medical or mental health concern must visit a CHS or CAPS provider to be considered for the “Excused Examination List” OR visit a non-CHS or CAPS provider and fax documentation of the visit to CHS Health Information (919-966-0616). Follow next steps given by CHS or CAPS.

***For more detailed information, see https://caps.unc.edu/services/academic-interventions/final-exam-excuse-request.

Mental Health: Counseling and Psychological Services
- Hours: Monday – Friday 8AM–5PM
- Phone: (919) 966-3658
Illness or Injury: Campus Health
- Hours: Monday – Friday 8AM – 5PM
- Phone: (919) 966-2281

To change an exam date due to a personal or family emergency, or due to a religious observance:

Contact the Law School Assistant Dean for Student Development as soon as possible.

Graduation

Hours Required, Time Limits, Required GPA

Hours for Graduation

UNC School of Law requires 86 hours for graduation. Detailed information for enrolled students appears on My Carolina Law at https://my.law.unc.edu/documents/academics/advising.

Maximum and Minimum Times for Graduation

The ABA prohibits completion of the Juris Doctor degree in less than 24 months. Law School policy requires students to complete the J.D. within 60 months after the student commenced the study of law (except in extraordinary circumstances as determined by the Associate Dean for Academic Affairs, though no longer than the ABA limit).

Required Grade Point Average

To continue in law school, a cumulative GPA of 2.2 is required after the first year. Students must maintain a 2.25 GPA to continue after the second year and to graduate.

Graduation Participation

Students are expected to complete and pass all course work toward the J.D. degree in order to participate in spring commencement exercises. Dual-degree students must complete the requirements for both degrees in order to participate. A student who lacks only three to six hours of law credits who is registered for summer school and has applied for and is eligible to take a July bar examination may be allowed to participate in commencement with the approval of the Associate Dean for Academic Affairs. A student who completes his or her law degree requirements in December may participate in either the campus-wide December commencement or the following May commencement.

Honors

The law school awards honors designations to students who graduate with high grade point averages. Honors designations are not made until all of the spring grades have been turned in, so students who graduate with honors receive a diploma so noted near the end of the summer.

Highest Honors = any student achieving a 4.0 or higher.
High Honors = the top 10 percent of the class.
Honors = the top one-third of the class.

An August or December graduate will be awarded honors, high honors or highest honors if the graduate’s GPA was equal to or higher than that of the lowest students awarded honors, high honors or highest honors who graduated the previous May.

Order of the Coif

The top 10 percent of the graduating class is eligible for election by the faculty into the Order of the Coif, the national legal honorary scholastic society. Only students who have completed at least 75 percent of their law studies in graded courses are eligible for consideration. The Order of the Coif defines “graded courses” as those for which academic accomplishment is recorded on the basis of educational measurement involving four or more discriminators. Because UNC accepts transfer credits but not grades, it is unlikely a transfer student can meet the 75 percent rule and qualify for Order of the Coif.

Journals

Credit for Journal Participation

Journal	Credit Hours
North Carolina Law Review Board Senior staff	5.0 (divided between 2 semesters) 2.0 in final semester
First Amendment Law Review	3.0
N.C. Banking Institute Journal	3.0
N.C. Journal of International Law and Commercial Regulation Board Senior staff	3.0 2.0 in final semester
N.C. Journal of Law and Technology	3.0

Membership and Transfers

All first-year law students are eligible to participate in the Joint Journal Competition (JJC). The competition is held in May, the week after first-year spring semester exams. Each of the five journals selects staff members from the competition. In total, there are 130 staff positions among the five journals available to rising second year law students. Journal selection is made by the editors in chief of the journals typically held in mid-July. Students are invited to join the journal staffs in late July before resume collection begins for on-campus interviews.

The North Carolina Law Review selects 39 staff members. As a part of this 39, the top 13 students in the 1L class are invited to join the law review if those students have submitted preferences for the competition. An additional 13 thirteen students based on a combination of their law school GPA and their writing scores and 13 are chosen based solely on their writing scores (write-ons).

Transfer student participation is governed by the chart below:

Journal	Eligibility for Transfers	Requirements (Transfers accepted if:)
North Carolina Law Review	Yes, staff membership	In first year of transfer: Class standing of top 5% in previous law school Such standing is equivalent to N.C. Law Review’s standards Student would have qualified for leading law journal at previous school After one year at UNC: Accepted through regular writing competition (Joint Journal Competition – JJC) After two semesters at UNC, has cumulative GPA greater than any student in his or her class who received an invitation to staff membership
First Amendment Law Review	Yes	Submit resume including class rank Submit writing sample Submit few paragraphs describing why FALR is preferred journal to join
N.C. Banking Institute Journal	Yes, Board membership	Top 15% of class in previous law school Submit piece written while a law student with legal citations for review or Write a recent development using same JJC competition packet used that year Submit written statement why want to be staff member
N.C. Journal of International Law and Commercial Regulation	Yes	No formal procedures
N.C. Journal of Law and Technology	Yes	Qualify for grade-on (top 15%) of class in previous law school Submit unedited writing piece for review Complete journal preference form

Resignations from Journals

A student who seeks to resign as a staff member of a journal must submit his or her resignation in writing to the Editor in Chief of the journal, the journal’s faculty advisor and the Assistant Dean for Student Development. The student is required to send a letter via email to all employers indicating his or her resignation with a copy to the Assistant Dean. The Assistant Dean for Student Development works with the Career Development Office to ensure that the student updates his or her resume and all CDO accounts. Any incident of failure to remove journal information from a resume will be referred to the Law School student Attorney General as a possible Honor Code violation. Copies of both letters and a response letter from the Assistant Dean for Student Development will be placed in the student’s file.

Learning Outcomes

Leaving the School

Voluntary Withdrawal

Any UNC School of Law student who wishes to withdraw must file a request for voluntary withdrawal with the Assistant Dean for Student Development. Approval will be granted or denied by the Associate Dean for Academic Affairs only after an investigation of the circumstances and consultation with the Assistant Dean for Student Development. Notification in the manner described in this rule and the deans’ approval are prerequisites to honorable dismissal from the institution or readmission to the institution, as described below.

A student may appeal to the dean following any adverse decision on a request for voluntary withdrawal. The dean’s decision is final.

The University permits a student who withdraws within the first nine weeks of a term to receive a pro rata refund of tuition paid.

Students who withdraw voluntarily from the law school before successfully completing a minimum of one full-time semester may not seek readmission to the law school in the manner specified in 4.a. below, but must submit a new application for admission.

Leaves of Absence

The Assistant Dean for Student Development or the Associate Dean for Academic Affairs must approve a student’s leave of absence from the law school. Leaves of absence typically are for one semester or one full year, and return to the school is set for a time certain when the leave of absence is granted. No readmission application is required for students who give notice of their intent to return to the school on the date specified.

Exclusion

Any student who fails to maintain the required scholastic average for any academic year is automatically excluded from the school of law at the close of the spring semester in the year in which such failure occurs. An annual cumulative grade point average of 2.20 is required to continue in law school at the end of the first year, and a cumulative GPA of 2.25 is required to continue after the second year and for graduation.

Visiting at Other U.S. Law Schools

Permission to visit at another ABA approved law school for a semester or year may be granted for reasons of personal or family hardship and medical conditions. Examples of such situations include a student’s spouse being indefinitely transferred to another state and a student needing medical treatment away from Chapel Hill. Seeking employment opportunities in another location is not a recognized justification. A student who visits at another law school takes courses at that school, pays tuition and fees to the visited institution at the visited institution’s rate, but graduates from Carolina Law.

Requests to visit at another law school should be made as early as possible. Ordinarily, such requests must be made in writing and absent exceptional circumstances must be made no later than March 31 for a proposed visit during the Fall Semester and no later than October 31 for a visit during the Spring Semester. A student who wants to visit at another school must receive from the Associate Dean for Academic Affairs:

permission to pursue the visit,
approval of the specific law school to be visited, and
approval of courses taken there.

Students may receive no more than sixteen transfer credits in any semester and no more than thirty transfer credits in an academic year visiting at another law school.

Before a visit will be approved, a student must have completed all required courses, including professional responsibility, skills, and RWE credits.

A student approved to visit at another law school must be accepted at the approved school. Visiting students are not eligible for scholarships and grants from Carolina Law during semesters in which they visit at another school. Because of the time period required for receiving final grades from the visiting institution, graduating students may participate in UNC’s graduation but may not receive an actual diploma at the May commencement ceremony.

Transferring from UNC

Any student who seeks to transfer to another law school must make an appointment with the Assistant Dean for Student Development to discuss his or her transfer request.

The law registrar will not process transfer application requests until the student has met with the Assistant Dean for Student Development. UNC will prepare two transfer applications without consultation with the Associate Dean for Academic Affairs, but because of the amount of work required to process transfer applications, each additional application requires 60-day notice and approval from the Associate Dean for Academic Affairs.

Readmission

Readmission After Voluntary Withdrawal

Students who have withdrawn voluntarily, are in good standing and in compliance with the procedures for voluntary withdrawal as outlined above, may be readmitted, provided they can complete the requirements for graduation within a five-year period from their original matriculation. The Associate Dean for Academic Affairs, in consultation with the Assistant Dean for Student Development and upon a student’s application may extend the time period for completion of study to the maximum time period allowed by the American Bar Association’s Standard on Course of Study in extraordinary circumstances, including financial-, family-, health-, military service-related circumstances, and other similar circumstances. In considering such an application, the Associate Dean shall consider the extent to which the student’s absence has created excessively lengthy gaps in the continuity of the student’s education.

A student who has withdrawn without complying with the procedures for voluntary withdrawal in above is presumptively not entitled to presume his or her law study via readmission. The Associate Dean for Academic Affairs, after investigation and in consultation with the Assistant Dean for Student Development, may consider a request for readmission from such a student if he or she finds that extraordinary circumstances prevented the student from complying with the procedures for voluntary withdrawal.

Readmission After Exclusion for Academic Failure

Students who have been excluded for academic failure may seek readmission. ABA Standards permit readmission after exclusion for academic reasons “upon an affirmative showing that the student possesses the requisite ability and that the prior disqualification does not indicate a lack of capacity to complete the course of study at the admitting school.” See ABA Standard 505.

The following are the sole criteria for readmission following any exclusion for academic failure. Each student admitted to the law school is presumed to be able, through diligent effort, to complete the study of law without academic failure. No student who is excluded will be readmitted unless she or he persuades the Faculty Readmission Committee that there is a substantial likelihood that she or he will successfully complete the study of law if readmitted. The committee will give due consideration to all factors positively indicating such likelihood.

At the committee’s discretion, such factors may include, without limitation:

The degree and type of diligence exhibited by the student while previously enrolled as a law student.
The existence, while the student was enrolled, of extraordinary circumstances beyond the student’s control (serious illness, unusual hardship or qualitatively similar circumstances) that adversely affected the student’s diligence or otherwise contributed to his or her failure.
The extent of any improvement in grade point average attained by the student from earlier to later semesters.
The nature and extent of the student’s experiences since exclusion.
The extent of the student’s understanding of the reasons for his or her failure.
The extent to which the reasons for failure have been alleviated.
Any other individual factors positively indicating that there is a substantial likelihood that the student will successfully complete the prescribed study of law.

Non-Discrimination

Plagiarism

What is Plagiarism?

(By Professor Deborah R. Gerhardt)

Plagiarism is “The use of any outside source without proper acknowledgment.”
“Outside source” means any work, published or unpublished, by any person other than the student.

(Source: http://www.princeton.edu/pr/pub/rrr/06/57.htm)

UNC Honor Code

It shall be the responsibility of every student enrolled at the University of North Carolina to support the principles of academic integrity and to refrain from all forms of academic dishonesty, including but not limited to, the following:
1. Plagiarism in the form of deliberate or reckless representation of another’s words, thoughts, or ideas as one’s own without attribution in connection with submission of academic work, whether graded or otherwise.
2. Falsification, fabrication, or misrepresentation of data, other information, or citations in connection with an academic assignment, whether graded or otherwise.

(Source: http://instrument.unc.edu/)

Plagiarism in the Context of Legal Scholarship

The rules change with the context.
In this context, what is good about footnotes?

Ten Rules for How to Avoid Plagiarism

Think about distinguishing your words and ideas from other voices.
In your research, if you cut content from an electronic source and paste it somewhere else, put the content in quotation marks immediately, and note the source.
Put all borrowed content in quotation marks or an indented block, and cite your source.
Use quotation marks around any new or unusual term, and cite the source.
When you paraphrase, change the words, change the sentence structure, and cite your source after every sentence.
Provide the source for all ideas and definitions that are not common knowledge.
Do not present fiction as fact.
If you are not sure whether a reference needs a cite, use one.
Keep the blue book with you when you write.
Take your time.

Rule 4: Use Citations for Terms of Art

Incorrect example:

The Copy Left believes that creative rights are being smothered by corporate control of digital content through copyright protection.

Correct example:

The “Copy Left” believes that creative rights are being smothered by corporate control of digital content through copyright protection. Robert S. Boynton, The Tyranny of Copyright?, N.Y. TIMES, Jan. 25, 2004, at 42.

Rule 5: Paraphrasing Example 1

Original Quotation:

“Few areas at the intersection of constitutional law and politics generate more controversy or opinions than the federal appointments process. It has become like the weather: almost all commentators and many participants gripe about it, but no one seems able (or at least willing or prepared) to do anything about it.” MICHAEL J. GERHARDT, THE FEDERAL APPOINTMENTS PROCESS 1 (2000).

Correct Paraphrasing:

The process of appointing federal officials provokes unusually intense partisan controversy. MICHAEL J. GERHARDT, THE FEDERAL APPOINTMENTS PROCESS 1 (2000). Yet, few in government or academia offer real solutions. Id.

Explanation:

Both the words and the sentence structure are different from the original quotation. The borrowed idea is set forth in the student’s words, yet the citation makes it clear that this idea originated from Professor Michael J. Gerhardt, not with the student.

Rule 5: Paraphrasing Example 2

Original Quotation:

“Few areas at the intersection of constitutional law and politics generate more controversy or opinions than the federal appointments process. It has become like the weather: almost all commentators and many participants gripe about it, but no one seems able (or at least willing or prepared) to do anything about it.” MICHAEL J. GERHARDT, THE FEDERAL APPOINTMENTS PROCESS 1 (2000).

Improper Paraphrasing:

Few areas at the meeting point of constitutional law and politics generate more controversy or opinions than the appointments of federal judges. The complaints have become as inevitable as those about the weather: people complain, but no one is able to do anything.

Explanation:

This is an example of improper paraphrasing because some words are changed, but not the sentence structure. Also, the citation is missing.

Rule 5: Paraphrasing Example 3

Original Quotation:

“Few areas at the intersection of constitutional law and politics generate more controversy or opinions than the federal appointments process. It has become like the weather: almost all commentators and many participants gripe about it, but no one seems able (or at least willing or prepared) to do anything about it.” MICHAEL J. GERHARDT, THE FEDERAL APPOINTMENTS PROCESS 1 (2000).

Improper Paraphrasing:

The federal appointments process has become like the weather: almost all commentators and many participants gripe about it, but no one seems able, willing or prepared to do anything about it. Few areas at the intersection of constitutional law and politics provoke more controversy. MICHAEL J. GERHARDT, THE FEDERAL APPOINTMENTS PROCESS 1 (2000).

Explanation:

Identical words are used but do not appear in quotation marks. A citation is missing after the first sentence. In legal scholarship, using another’s words without putting them in quotation marks or an indented block is plagiarism, even if they are followed by a correct citation!

Rule 5: How Not to Summarize a Case

Example of an Incorrect Case Summary

In Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), the United States Supreme Court examined whether 2 Live Crew infringed Roy Orbison’s copyright in “Oh, Pretty Woman” by creating a rap parody of the song. The Court explained that each fair use case must be decided on its own facts, and that no bright line rules apply. Congress listed four factors in an effort to reflect how courts apply the fair use defense. It held that Sixth Circuit erred by isolating the fourth factor and concluding that the fair use defense was virtually barred based on the fact that 2 Live Crew sold their song commercially. Instead, all four factors should be weighed, in view of the purposes of copyright law.

Rule 5: A Correct Case Summary

Example of a Correct Case Summary

In Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), the United States Supreme Court examined whether 2 Live Crew infringed Roy Orbison’s copyright in “Oh, Pretty Woman” by creating a rap parody of the song. In 17 U.S.C. section 107, Congress listed four factors in an effort to reflect how courts apply the fair use defense. Id. at 577. The Court explained that each fair use case must be decided on its own facts, and that no bright line rules apply. Id. It held that the Sixth Circuit erred by isolating the fourth factor and concluding that the fair use defense was virtually barred based on the fact that 2 Live Crew sold their song commercially. Id. at 583-4. Instead, all four factors “are to be explored, and the results weighed together, in light of the purposes of copyright.” Id. at 578 (citations omitted).

More Information

Student Honor Code

Law-related links

Deborah R. Gerhardt, Plagiarism in Cyberspace: Learning the Rules of Recycling Content With a View Towards Nurturing Academic Trust in an Electronic World, 12 Rich. J.L. & Tech. 10 (2006)()
Ruth A. McKinney, How to Avoid Committing Plagiarism in Law School()