Student Handbook 2023-2024

Student Handbook

2023-2024

Wil

liam S. Richardson School of Law

Student Pledge

In the study of law, I will conscientiously prepare myself;

To advance the interests of those I serve before my own,

To approach my responsibilities and colleagues with integrity, professionalism, and civility,

To guard zealously legal, civil and human rights which are the birthright of all people,

And, above all,

To endeavor always to seek justice.

This I do pledge.

Written by the late Professor Chris K. Iijima and formally adopted by the Faculty in 2002

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Ke Kānāwai Māmalahoe

The Law of the Splintered Paddle

As a young warrior chief, Kamehameha the Great came upon commoners fishing

along the shoreline.

He attacked the fishermen, but during the struggle caught his foot in a lava crevice.

One of the fleeing fishermen turned and broke a canoe paddle over the young chief’s head.

The fisherman’s act reminded Kamehameha that human life was precious and deserved

respect, and that it is wrong for the powerful to mistreat those who may be weaker.

Years later when Kamehameha became ruler of Hawai‘i, he declared one of his first laws,

Ke Kānāwai Māmalahoe (the Law of the Splintered Paddle), which guaranteed the safety of the

highways to all.

This royal edict was law over the entire Hawaiian kingdom during the reign of Kamehameha the

Great. Considered one of the most important kānāwai (royal edict), the law gave the Hawaiian

people an era of freedom from violent assault.

Artwork by Sanford Mock and original concept by Ruby Hamili ’82 and Michael Moore ’82

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Dean’s Message

The William S. Richardson School of Law is committed to providing students, faculty, and staff an

excellent, comfortable, inclusive, and safe learning environment that reflects the highest ethical standards

of the legal profession.

This Student Handbook provides students the important regulations that govern student academic

performance and conduct.

We expect every student to know, understand, and comply with the regulations in the Student Handbook.

Law School can be one of the most rewarding and challenging experiences in a student’s life. If you need

help of any kind, please ask. Your well-being is important to us. We are here to guide you through your

journey toward becoming a successful member of the legal profession.

Sincerely,

Camille Nelson

Dean and Professor

Our Mission

The William S. Richardson School of Law is a collaborative,

multicultural community preparing students for excellence in the

practice of law and related careers that advance justice and the rule of law.

We develop highly qualified, ethical professionals through excellence

in teaching, scholarship, and public service.

We embrace Hawai‘i’s diversity and values and recognize a special

responsibility to our state and the Pacific region.

We lead in environmental law, Native Hawaiian law, and Pacific-Asian legal studies.

Our Vision

A community of creative problem solvers, effective advocates,

and courageous leaders who seek justice.

Our Values

Kuleana: to accept responsibility and the privilege of having responsibility

Na‘au Pono: to foster a deep sense of justice or balance; what is appropriate

Aloha aku, aloha mai: to respect and to receive respect

Huli Ao: to strive for enlightenment; to seek out knowledge

Mālama kekahi i kekahi: to care for one another

Kūpale: to defend and protect; to strongly advocate

Ho‘owaiwai: to create wealth and well-being for the community

No‘eau: to become a skilled expert; to achieve excellence

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Law School Student Handbook

The William S. Richardson School of Law Student Handbook contains important University and Law School

policies, and strict academic and disciplinary regulations, that apply to all Law School students pursuing the

J.D., LL.M., S.J.D. degrees and any students enrolled in any Law School classes or programs, including

Richardson students visiting at another law school, students visiting the Law School from other schools,

transfer students, and non-law students who are taking Law School classes for credit or as auditors or

participating in Law School programs.

Student Responsibilities

Students have the following responsibilities while attending Law School classes, events, and programs:

1. To exhibit classroom behavior that does not infringe on other students’ right to learn;

2. To attend classes as required by the faculty member, recognizing that absences may adversely affect the

grade or credit for the course;

3. To fulfill course assignments and requirements as described by the faculty member, recognizing that

unfulfilled assignments and requirements may adversely affect the grade or credit for the course;

4. To abide by student, academic, and administrative regulations including the University of Hawaiʻi Student

Code of Conduct and the WSRSL and other Law School policies, rules, and regulations; and

5. To promote an education climate that complies with equal opportunity/affirmative action policies of the

University of Hawaiʻi, which is committed to a policy of nondiscrimination based on race, sex, gender

identity and expression, age, religion, color, national origin, ancestry, citizenship, disability, genetic

information, marital status, breastfeeding, income, assignment for child support, arrest and court record

(except as permissible under State law), sexual orientation, national guard absence, and status as a covered

veteran. (Mānoa Policies 1.100: http://manoa.hawaii.edu/policies/m1.000general/index.html

)

Laptops and Electronic Devices Policy

Law students are expected to have a laptop for all Law School classes and exams. Law faculty have the

discretion to instruct students to use, or not to use, laptops (or similar electronic devices such as tablets and

phones) in the classroom. Such devices may not be used during class time for non-class purposes or for

messaging other students. During class time, students are encouraged to store and turn off electronic devices

not authorized for class use. Students who engage in conduct that is distracting or not in compliance with the

instructor’s directions regarding use of electronic devices are subject to grade sanctions and the Law School’s

Disciplinary Regulations.

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Law School J.D. Student Learning Outcomes

The Law School is accredited by the American Bar Association and a member of the Association of

American Law Schools. In compliance with ABA Standard 301(a) for the Objectives of Program of

Legal Education, the Law School strives to “maintain a rigorous program of legal education that

prepares its students upon graduation, for admission to the bar and for effective, ethical, and responsible

participation as members of the legal profession.” In accordance with ABA Standard 301(b),

the Law

School has established and publishes the following learning outcomes designed to achieve these

objectives.

Students admitted to the J.D. program must have an undergraduate degree, among other requirements.

In Hawaiʻi, and nearly every other state, a J.D. degree from an accredited school is essential to become a

licensed attorney. The Law School necessarily focuses substantial attention on those learning objectives

aimed at preparation to pass the bar exam and to practice law ethically and effectively. The school also

emphasizes areas of law of importance to Hawaiʻi and to the school’s mission.

In compliance with ABA Standard 302,

Learning Outcomes, the Law School’s J.D. Student Learning

Outcomes (SLOs) are:

1. Understand ethical responsibilities as representatives of clients, officers of the court, and public

citizens responsible for the quality and availability of justice;

2. Obtain basic education through a curriculum that develops

• understanding of the theory, philosophy, role, and ramifications of the law and its

institutions;

• proficiency in legal analysis, reasoning, problem solving; oral and written communication;

legal research;

• fundamental professional practices necessary to participate effectively in the legal profession;

• mastery of substantive law regarded as necessary to effective and responsible participation in

the legal profession through completion of a curriculum of required and elective study;

3. Understand the law as a public profession calling for performance of Pro Bono services;

4. Promote the development of students’ critical thinking skills and other intellectual tools that will

serve their life-long learning needs, and enable them to provide leadership in law through

contributions in research and practice;

5. Understand and respect law as a social institution in the context of a diverse state with a unique

and important history; and

6. Recognize our global connectedness, especially to the Asia and Pacific regions.

ABA Standard 301(b) became effective in AY16-17 for the 1L entering class.

ABA Standard 302 became effective in AY16-17 for the 1L entering class.

ABA Standard 302(d) references “[o]ther professional skills needed for competent and ethical participation as a

member of the legal profession”; Interpretation 302-1 explains that “other professional skills are determined by the law

school and may include skills such as interviewing, counseling, negotiation, fact development and analysis, trial practice,

document drafting, conflict resolution, organization and management of legal work, collaboration, cultural competency,

and self-evaluation.”

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Law School LL.M. Student Learning Outcomes

The William S. Richardson School of Law LL.M. complies with American Bar Association standards,

having received acquiescence in 2003. Students in the Richardson LL.M. program have already trained

as lawyers and often have substantial practice experience when they begin their LL.M. year of study at

Richardson. The Richardson LL.M. Student Learning Outcomes (SLOs) are specific and tailored to

LL.M. students with prior law experience and training.

The Law School’s LL.M. SLOs are:

1. To gain an advanced understanding of the importance of law and legal institutions in the U.S.,

and the role of lawyers and the judiciary in the American legal system;

2. To understand the professional ethics and service obligations of lawyers;

3. To master fundamental skills in American legal research, legal analysis, and legal reasoning;

4. To learn to communicate an understanding of U.S. legal issues effectively both orally and in

writing; and

5. To develop expertise in a specialized area of U.S., comparative, or international law through

successful completion of an organized program of courses in a selected specialization.

Law School S.J.D. Student Learning Outcomes

The William S. Richardson School of Law S.J.D. degree complies with American Bar Association

standards. It is an advanced research degree in law and its student learning outcomes relate to research

results, so that student progress in research and writing of the dissertation may be readily gauged.

The S.J.D. Student Learning Outcomes are:

1. To conduct a literature and legal review in the student’s chosen subfield of law and to identify a

topic on which s/he can make a substantial and original contribution to the existing body of

knowledge and legal analysis;

2. To refine the research topic in light of comments from faculty advisors and from the results of

the student’s initial literature and legal review;

3. To develop an effective research methodology and research plan;

4. To conduct original research on the student’s topic and related legal issues; and

5. To write a dissertation of publishable quality that makes an original and substantial contribution

to legal scholarship in the student’s field.

In May 2016, the Faculty voted to expand the LL.M. program to allow enrollment of students who have a U.S. J.D.

degree.

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Law School Policy on Title IX, Sexual Violence, Gender Discrimination,

and Sexual Harassment

The Law School is deeply committed to providing a safe learning and working environment free from

sexual violence, gender discrimination, and sexual harassment. Law School faculty, students, and staff

are expected to adhere to the highest standards of conduct and avoid behavior that may be perceived or

actual sexual violence, gender discrimination, sexual harassment, or other offenses, sexual in nature or

otherwise illegal or inappropriate to the University setting.

These forms of sex discrimination and sexual misconduct are prohibited by law and are serious offenses

that violate the basic standards of behavior expected of members of the Law School and University

community. Such conduct substantially interferes with a person's civil rights to equal opportunity in

employment, education, and/or access to the Law School and University programs, activities and

services, whether on or off campus. The Law School and University will also take appropriate action to

prevent sexual harassment, sexual assault, domestic violence, dating violence, and stalking.

Interim Executive Policy EP 1.204

Interim Policy on Title IX Sexual Harassment

The University of Hawai‘i ("University") is committed to maintaining and promoting safe, respectful

campus environments that are free from discrimination, harassment, and sexual violence. The University

prohibits and does not tolerate sexual harassment, sexual assault, domestic violence, dating violence, and

stalking. These forms of sex discrimination and sexual misconduct are prohibited by law and are serious

offenses that violate the basic standards of behavior expected of members of the University community.

Such conduct substantially interferes with a person's civil rights to equal opportunity in employment,

education, and/or access to University programs, activities and services, whether on- or off-campus.

The University will take appropriate action to prevent sexual harassment, sexual assault, domestic

violence, dating violence, and stalking.

https://www.hawaii.edu/policy/docs/temp/ep1.204.pdf

Training: Online Sexual Harassment Prevention Program

The Office of Institutional Equity and the Office of Title IX are offering online Title IX training for

students regarding sex discrimination, gender-based violence, and the rights and resources available to

students on campus and in the community. The training takes 1-2 hours to complete and is mandatory

for all entering Law Students. Students may access the student online training at:

https://www.hawaii.edu/titleix/training/title-ix-training-students

Entering students must complete the training no later than October 1, 2021; students’ completion of the

training will be verified with OIE. If a student has taken the training in the past two years, a “reset”

should be requested through Dean Kawakami to ensure timely completion for entering Law School.

This training establishes standards for what constitutes sexual violence and how to respond to

problematic situations. Because the problems occur on both an intimate and institutional level, the

training takes a look at these issues from a personal and academic lens.

There are five parts to the training:

• Part I –Values, Identities, and Relationships: Promotes reflection on how college life may

challenge or reinforce individual values; develops awareness and acceptance of diverse identities;

and builds understanding of key characteristics of healthy relationships

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• Part II –Gender Identities and Stereotypes: Builds awareness of how an individual’s various

identities can impact how they think about and experience sexual violence and abuse.

• Part III –Sexual Harassment and Stalking: Develops skills to recognize common types of sexual

harassment and stalking on campus and understand options for addressing this kind of behavior.

• Part IV–Consent, Coercion, and Stepping In: Emphasizes the importance of communication in

healthy sexual relationships and understand ways of stepping in to stop a problematic situation

from occurring or continuing to escalate.

• Part V –Reporting and Responding to a Survivor: Builds understanding of how to show support

to a survivor of abuse and/or assault and familiarity with campus-based and local support

resources.

Title IX

The Law School's Dean, Associate Deans, faculty, department supervisors, and Human Resources

personnel have a duty to identify and promptly report all acts of or complaints made regarding sexual

harassment, other sexual offenses, or gender discrimination under Title IX of the federal Civil Rights

Act.

Title IX states: "No person in the United States shall, on the basis of sex, be excluded from participation

in, be denied the benefits of, or be subjected to discrimination under any education program or activity

receiving Federal financial assistance."

If you want help, but are not ready to make a formal report, please contact a confidential resource on

your campus to explore your options and receive services from that office at:

https://www.hawaii.edu/titleix/help/uh-confidential/

If you would like to make a formal report, please contact your campus Title IX coordinator:

Interim Title IX Coordinator for UH Manoa, Jennifer Soldium Rose, J.D.

email: t9uhm@hawaii.edu | telephone: (808) 956-2299

Deputy Title IX Coordinator and Interim Associate Dean of Student Services, Trisha Nakamura

email: [email protected] | telephone: (808) 956-5561

Sexual Harassment

The University has established Community Standards to help students be part of communities that are

inclusive, respectful and conducive to academic pursuits. These Standards address Sexual Harassment.

Sexual Harassment (Incidents such as Sexual Assault, Sexual Harassment, Dating Violence, Domestic

Violence, Stalking) is defined in University of Hawaiʻi Executive Policy 1.204, Policy on Title IX Sexual

Harassment. Prohibited behavior under EP 1.204:

1. Title IX Sexual Harassment is defined as conduct on the basis of sex that satisfies one or

more of the following:

a. An employee of the University of Hawaiʻi conditions the provision of

an aid, benefit, or service of the University on an individual’s

participation in unwelcome sexual conduct. Refer to UH Policy EP

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1.204 for the complete text of the policy:

http://hawaii.edu/policy/docs/temp/ep1.204.pdf

b. Unwelcome conduct, determined by a reasonable person, to be so

severe, and pervasive, and objectively offensive, that it effectively

denies a person equal access to the Universityʻs education program or

activity. Refer to UH Policy EP 1.204 for the complete text of the

policy: http://hawaii.edu/policy/docs/temp/ep1.204.pdf

c. Sexual Assault including sex offenses (forcible), forcible rape

(penetration), forcible sodomy, sexual assault with an object, forcible

fondling, sex offenses (non-forcible). Refer to UH Policy EP 1.204 for

the complete text of the policy:

http://hawaii.edu/policy/docs/temp/ep1.204.pdf.

d. Dating Violence is violence committed by a person, who is in or has

been in a social relationship of a romantic or intimate nature with the

Complainant. For the purposes of this definition, dating violence

includes, but is not limited to, sexual or physical abuse or the threat of

such abuse. Refer to UH Policy EP 1.204 for the complete text of the

policy: http://hawaii.edu/policy/docs/temp/ep1.204.pdf.

e. Domestic Violence is violence committed by a current or former

spouse or intimate partner of the Complainant, by a person with whom

the Complainant shares a child in common, or by a person who is

cohabitating with, or has cohabitated with, the Complainant as a

spouse or intimate partner, or by a person similary situated to a spouse

of the Complainant under the domestic or family violence laws of

Hawaiʻi. Refer to UH Policy EP 1.204 for the complete text of the

policy: http://hawaii.edu/policy/docs/temp/ep1.204.pdf

f. Stalking is engaging in a course of conduct directed at a specific person

that would cause a reasonable person to fear for the personʻs safety, or

the safety of others; or suffer substantial emotional distress. Refer to UH

Policy EP 1.204 for the complete text of the policy:

http://hawaii.edu/policy/docs/temp/ep1.204.pdf

2. Retaliation: The University prohibits and will not tolerate retaliation. Retaliation

includes intimidation, threats, coercion, or discrimination against any individual for the

purpose of interfering with any right or privilege secured by law or this policy, or

because the idnividual has made a report or complaint, testified, assisted, or participated

or refused to participate in any manner in an investigation, proceeding, or hearing under

this policy and its accompanying procedure. Refer to UH Policy EP 1.204 for the

complete text of the policy: http://hawaii.edu/policy/docs/temp/ep1.204.pdf.

3. Refer to EP 1.204 for policies related to violating the terms of a supportive measure, and

failing to comply with sanctions, remedies, and/or emergency removal.

http://hawaii.edu/policy/docs/temp/ep1.204.pdf.

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If you or someone you know has been a victim of sexual assault, take action:

1. Seek medical help

Any person who reports being sexually assaulted is urged to seek medical treatment for injuries, sexually

transmitted diseases, and possible pregnancy from the campus’s student health service or at the

emergency room of any local hospital. A forensic medical exam to preserve evidence of an assault can

be performed within 72 hours of a sexual assault by a certified agency. Victims of sexual assault should

be informed that they have the option of undergoing an exam even if, at the time of the exam, they are

not certain they will formally report the assault. To preserve as much evidence as possible, victims

should not perform any personal hygiene until the exam is done.

University Health Services Mānoa (UHSM)

1710 East West Road

Honolulu, Hawaii 96822

Honolulu, HI 96822

(808) 956- 8965

www.hawaii.edu/shs/

Sex Abuse Treatment Center

http://satchawaii.com/

The Sex Abuse Treatment Center (SATC) of the Kapiʻolani Medical Center for Women and Children is

a statewide program whose mission is to support the emotional healing process of those sexually

assaulted in Hawaiʻi, to increase community awareness about their needs and to reduce the incidence of

all forms of sexual assault.

Harbor Court

55 Merchant Street, 22nd Floor

Honolulu, HI 96813

SATC hotline (808) 524-7273

http://satchawaii.org

2. Report incident of sexual assault to law enforcement officials

Any member of the University community who is sexually assaulted is encouraged, and has the option

and right, to report the incident to local police and/or with Department of Public Safety (DPS) at 956-

6911. DPS will inform individuals of their options to notify proper law enforcement authorities,

including local police, and the option to be assisted by DPS in notifying such authorities, if the individual

so chooses.

Persons who report being sexually assaulted may also contact the Title IX Coordinator, Deputy Title IX

Coordinator for Law School, Gender Equity Office, Women’s Center or Equal Employment

Opportunity/Affirmative Action (“EEO/AA”) Officer. These offices will inform individuals of their

options and rights to notify local police or Campus Security and the option and right to be assisted by

campus personnel in notifying such authorities, if the individual so chooses. They can also provide

referrals to off-campus resources such as off-campus sex abuse treatment centers.

Incidents reported to the University under this policy will be addressed promptly.

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The University has the right to proceed with an investigation of the complaint at any time (unless

reported to a confidential office). University proceedings need not await the disposition of any related

criminal investigation or prosecution.

3. You may use on-campus procedures and file complaints with the Title IX Coordinator,

Deputy Title IX Coordinator or other designated Complaint Officer.

Students may file formal complaints of sexual assault with the campus Title IX Coordinator or the

Deputy Title IX Coordinator who is responsible for ensuring that the complaint is investigated promptly.

Before the investigation is completed, the complainant may request changing academic, student

employment, or campus residence situations after an alleged sexual assault incident if such changes are

reasonably available.

Both the complainant and the individual charged with sexual assault are entitled to have a representative

or observer present during an on-campus student disciplinary proceeding. The individual charged with

sexual assault is entitled to due process and will be given an opportunity to respond to the allegations.

Both the complainant and the individual charged will be informed of the outcome of any on-campus

student disciplinary proceeding brought alleging a sexual assault.

Efforts to maintain confidentiality will be exercised to the greatest extent possible; however, appropriate

members of the University community will be informed that an incident of sexual assault has been

reported. Certain information may need to be disclosed to appropriate administrators, the respondent,

and witnesses in order to conduct the investigation. Information may also be disclosed if required by law,

rule, regulation, or by order of the court or arbitrator.

Title IX Coordinators

Interim Title IX Coordinator for UH Mānoa

Jennifer Soldium Rose, J.D.

Director and Title IX Coordinator

Hawai‘i Hall 124

2500 Campus Road

Honolulu, HI 96822

Phone: 956-2299

Email: [email protected]u

Deputy Title IX Coordinator and Interim Associate Dean of Student Services

Trisha Nakamura

Law School 221

2515 Dole Street

Honolulu, HI 96822

Phone: 956-5561

Email: [email protected]

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Confidential Resources

Campus Confidential Advocate and/or Campus Survivor Advocacy Program

https://www.hawaii.edu/titleix/help/confidential/

Jamie Newalu, LSW

Manoa Confidential Advocate

Queen Liliʻuokalani Center for Student Services 210

2600 Campus Road

Honolulu, Hi 96822

(808) 956-9499 | Email: manoaadv@hawaii.edu or jnewalu@hawaii.edu

Counseling and Student Development Center (CSDC)

Queen Liliʻuokalani Center for Student Services 312

2600 Campus Road

Honolulu, HI 96822

(808) 956-7927

[email protected]

www.manoa.hawaii.edu/counseling

Non-Discrimination Policy

Section 1-5, Policy on Nondiscrimination and Affirmative Action, of the Board of Regents’ Bylaws and

Policies provides the administrative basis for complying with applicable federal and state statutes, rules,

regulations, city and county ordinances, and provisions in the collective bargaining agreements governing

nondiscrimination. Board Policy is implemented through Executive Policy E1.202, Nondiscrimination

and Affirmative Action and Mānoa Policies, including M1.100:

To promote an education climate that complies with equal opportunity/affirmative action policies of the

University of Hawaiʻi, which is committed to a policy of nondiscrimination based on race, sex, gender

identity and expression, age, religion, color, national origin, ancestry, citizenship, disability, genetic

information, marital status, breastfeeding, income, assignment for child support, arrest and court record

(except as permissible under State law), sexual orientation, national guard absence, and status as a covered

veteran. T

his policy covers academic considerations such as admission and access to, and

participation and treatment in, the University’s programs, activities, and services.

Links:

Mānoa Policies 1.100: http://manoa.hawaii.edu/policies/m1.000general/index.html

http://www.hawaii.edu/offices/eeo/

http://manoa.hawaii.edu/genderequity/

http://www.hawaii.edu/offices/eeo/training.html

http://hawaii.edu/policy/docs/temp/EP1.204_Sexual_Harassment_Sexual_Assault_Policy_Print_Versi

on.pdf

http://hawaii.edu/offices/eeo/docs/A9920.pdf

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University Equal Opportunity/Affirmative Action Statement & Policies

A. University Statement on Equal Opportunity/Affirmative Action

As stated in M1.100, “With regard to employment, UHM is committed to equal opportunity in all

personnel actions such as recruitment, hiring, promotion, and compensation. Sexual harassment is

expressly prohibited. UHM strives to promote full realization of equal opportunity through a positive,

continuing affirmative action program in compliance with Federal Executive Order 11246. The program

includes measuring performance against specific annual hiring goals, monitoring progress, and reporting

on good faith efforts and results in annual affirmative action plan reports. UHM is committed to an

affirmative policy of hiring and advancing the employment of qualified persons with disabilities and

covered veterans.” Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 70, provides for

accommodation of persons with disabilities.

B. Contact Information for Equal Opportunity/Affirmative Action

For information on policies or complaint procedures for the UH Mānoa Campus, visit

http://www.hawaii.edu/offices/eeo/ or contact:

ADA/504 Coordinator for Students: Dr. Lori Ideta, Vice Provost for Student Services,

Queen Liliʻuokalani Center for Student Services, room 409, phone (808) 956-3290 (voice/text) |.

Email: vpss@hawaii.edu

ADA/504 Coordinator for Employees

2442 Campus Road, Administrative Services Building 1-102, phone (808) 956-7077 (voice/text) |

Email: [email protected].

Civil Rights: Jill Nunokawa, Civil Rights Specialist, Queen Liliʻuokalani Center for Student

Services, room 210, phone (808) 956-4431 | Email: [email protected]

C. Students with Disabilities, KOKUA Program (Disability Access Services)

UH Mānoa recognizes its responsibility to provide equal access to its programs, services, and activities

for students with disabilities. The KŌKUA Program, led by Interim Director Vanessa Ito, is the UH

Mānoa office for students with disabilities. KŌKUA serves undergraduate, graduate, and professional

students with learning, physical, psychiatric and other documented disabilities. In the spirit of “aloha”

and respect, KŌKUA works together with students, faculty, staff and KŌKUA to facilitate equal access

by students with disabilities to the Mānoa experience.

KŌKUA provides disability access services to individuals on a case-by-case basis, and students are not

charged for these services. A student’s disability status is considered confidential information and is only

disclosed to faculty with the student’s permission. KŌKUA has served thousands of students with

disabilities since its inception in 1966 and is available to serve the needs of all students with disabilities

on the Mānoa campus, including law students.

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Entering law students with disabilities or related concerns should do the following before

arriving for First Year Orientation:

1. Contact the KŌKUA program for an appointment, either in person or as advised by the

KŌKUA office.

2. Prepare for your meeting, if possible, any documentation that may be necessary (medical,

psychological, diagnosis, verifications, educational history, etc.).

3. Contact the Dean for Student Services for a meeting as soon as you are able once you have

arrived for school.

Current Law Students with disabilities or related concerns should do the following:

1. If you are already working with KŌKUA, continue to check in with KŌKUA services every

semester if you wish to continue your accommodations.

2. If you have exam accommodations already approved, be vigilant in checking for

communications from the Office of the Law Registrar.

3. If you feel that you have a previously undiagnosed disability or related concern, please follow the

instructions in 4-6

4. Contact the KŌKUA program for an appointment.

5. Prepare for your meeting, if possible, any documentation that may be necessary (medical,

psychological, diagnosis, verifications, educational history, etc.)

6. Contact the Associate Dean for Student Services for a meeting.

7. Please be aware KŌKUA -related exam accommodations must be completed at least two weeks

prior to the start of the exam period. Therefore, students must contact KŌKUA well in advance of

the two-week deadline in order for the KŌKUA program to review requests before the exam period

begins. For example, if the exam period starts on December 1, the exam accommodations must have

been requested and approved by November 14. Exceptions will be made only in extenuating

circumstances.

KŌKUA will evaluate all requests for accommodations and will communicate its recommendations and

directives directly to the Law School.

You may contact the KŌKUA Program, either directly or through the Associate Dean for Student

Services. KŌKUA Program (Disability Access Services).

Vanessa Ito, Director, KŌKUA Program, Queen Liliʻuokalani Center for Student Services, room 013,

phone (Voice/Text): (808) 956-7511 | Email: KŌKUA@hawaii.edu

D. LGBTI Student Services

The UH Mānoa campus provides support services for Lesbian, Gay, Bisexual, Transgender, and Intersex

(LGBTI) students. LGBTI Student Services strives to maintain a safe and inclusive campus

environment for all students at the University of Hawaiʻi at Mānoa regardless of their gender identity or

sexual orientation. LGBTI Student Services facilitates student learning and development through a range

of educational, information and advocacy programs.

Law students interested in LGBTI services should contact the program directly or through the Associate

Dean for Student Services. For more information contact the LGBTI office at (808) 956-9250. You can

also visit http://manoa.hawaii.edu/lgbt/index.html

for more information.

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UH Commission on Lesbian, Gay, Bisexual, Transgender and Queer+ Equality

The mission of the UH Commission promotes a safe and inclusive environment by creating a

culture of equality, acceptance, respect, and social justice throughout the University of Hawai‘i

System. The Commission advocates the creation and implementation of and adherence to Hawai‘i

State and UH policies that serve the needs of the LGBTQ+ students, staff, and faculty. Contact:

Camaron Miyamoto, Director

Lesbian, Gay, Bisexual, Transgender & Queer+ Center

Queen Lili‘uokalani Center for Student Services, Room 211

2600 Campus Rd.

Honolulu, HI 96822

Tel: 808-956-9250 | Email: lgbtq@hawaii.edu

Web: http://manoa.hawaii.edu/lgbtq

E. Veteran Affairs

Office of Veteran Student Services (OVSS)

Email: [email protected]u

http://manoa.hawaii.edu/veterans/manoa-campus-resources/

OVSS Mission Statement: The Office of Veteran Student Services (OVSS) is committed to enhancing

the veteran and military connected student experience, supporting academic success, and providing

services that assist in the transition from military service to higher education. Veteran Student Services

supports military connected students with services designed to promote career readiness, veteran health

and wellness, and advocacy needed to succeed at the University of Hawaiʻi at Mānoa. Our vision is that

all veterans and military connected students succeed in higher education, attain their academic goals, and

gain meaningful careers.

F. Other University Systemwide Executive Policies and Procedures

The University of Hawai‘i Equal Employment Opportunity/Affirmative Action Office (EEO/AA)

develops and maintains Executive, University of Hawai‘i systemwide, and Mānoa Campus policies and

procedures at: http://www.hawaii.edu/offices/eeo, including:

● E1.202: University Statement of Nondiscrimination and Affirmative Action

http://www.hawaii.edu/svpa/ep/e1/e1202.pdf

● E1.203: Policy on Sexual Harassment and Related Conduct

http://www.hawaii.edu/svpa/ep/e1/e1203.pdf

● A9.900: ADA Complaint Procedure for Members of the Public Who Have Complaints

Regarding Disability Access to University Services, Programs, and Activities

http://www.hawaii.edu/svpa/apm/pers/a9900.pdf

● A9.920: Discrimination Complaint Procedures for Employees, Students, and Applicants for

Employment or Admission http://www.hawaii.edu/svpa/apm/pers/a9920.pdf

● Accessibility to Electronic Information for People with Disabilities; University of Hawai‘i at

Mānoa Accessibility Home Page: http://www.hawaii.edu/access

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Article I. Academic Regulations for Juris Doctor Program

Section 1.01 Program of Legal Education, Curriculum, Requirements for the

uris Doctor (J.D.) Degree

) A student must earn a minimum of 89 Law School credits to complete the Juris Doctor (J.D.

)

deg

ree. At least 64 of those credits must be earned in courses that “require attendance in

regularly scheduled classroom sessions or direct faculty instruction.” ABA Standard 311(a). See

Section 1.05 infra

) For students first enrolled at the Law School prior to Fall 2020, a student must maintain a

cumulative grade point average of 2.0 or higher after the first semester of the first year. Fo

tudents who enrolled in the Law School in Fall 2020 or later, a student must maintain a

cumulative grade point average of 2.2 or higher after the first semester of the first year.

Transfer and A.J.D. students

must complete a total of 10 hours of pro bono service for every semester enrolled at the William

S. Richardson School of Law.

(d)

A student must pass all of these required Law School courses: the first-year curriculum (Civ

Pro

cedure I & II, Contracts I & II, Lawyering Fundamentals I & II, Legal Research, Torts,

Criminal Law, Real Property I), and after the first year: Constitutional Law I, the upper-class

writing requirement (Second Year Seminar or Law Thesis),

Professional Responsibility,

and

the Experiential Learning (EXL) requirement.

During the first year, a full-time first-year

tudent must take all of, and only, those courses prescribed for the first-year curriculum.

Students may not drop any courses required in the first-year curriculum without written

permission from the Associate Dean for Student Services or the Associate Dean for Academic

Affairs. After the first semester, during which advisory grades are reported, a law student mus

ke all required courses for a letter grade unless the course is offered only on a Credit/No

Credit basis by the Law School.

(e) A student must complete four credits of Second Year Seminar or Law Thesis for the upper-class

writing requirement for the J.D. The upper-level writing requirement may not be taken until a

student has completed Lawyering Fundamentals I and II and may not be taken in the terminal

semester. If a law student does not pass Second Year Seminar, the law student must retake the

course after consultation with the Associate Deans and may not earn a grade higher than "C" on

the retake. If a law student takes Law Thesis in two semesters and does not pass both semesters,

the law student has not met the upper-class writing requirement and must timely consult with

the Associate Deans for placement in either Second Year Seminar or Law Thesis and, upon

retake, may not earn higher than a "C" grade. Any partial credits earned in Law Thesis will no

See ABA Standard 303(b), effective AY16-17 for entering 1L students, which requires a law school to provide

“substantial opportunities” for “student participation in pro bono legal services, incuding law related public service

activities.” See Section 1.28 infra for Pro Bono Service Requirements.

Effective AY16-17 for entering 1L students, ABA Standard 303(a)(2) requires “one writing experience in the first year

and at least one additional writing experience after the first year, both of which are faculty supervised.”

ABA Standard 303(a)(1) requires “one course of at least two credit hours in professional responsibility that includes

substantial instruction in rules of professional conduct, and the values and responsibilities of the legal profession and its

members.”

See Section 1.04 below. Effective AY16-17 for entering 1L students, ABA Standard 303(a)(3) requires “one or more

experiential course(s) totalling at least six credit hours. An experiential course must be a simulation course, a law clinic,

or a field placement.” ABA Standard 303(a)(3) further defines the term “experiential”; Standard 304(a) defines the term

“simulation course” and Section 304(b) defines “law clinic.”

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count toward the upper-class writing requirement; the partial credits can count as elective credits

toward the J.D. degree.

(f) All requirements for the J.D. degree must be completed no earlier than 24 months and, except in

extraordinary circumstances, no later than 84 months after a student has commenced law study

at the Law School or another law school from which the Law School has accepted transfer

credit. ABA Standard 311(b).

A student seeking to extend the time for completion of the J.D.

requirements beyond 84 months based on extraordinary circumstances, as defined in ABA

Standards Interpretation 311-2, shall file a written petition with the Registrar prior to the

beginning of the student’s 80

month after matriculation. The Associate Dean for Academic

Affairs will review and make a determination on the petition. If a student does not submit a

petition by the 84

month after matriculation, the student will be dismissed and would need to

reapply for admission.

(g) A student must satisfy all outstanding obligations to the Law School and the University,

including, but not limited to: repaying emergency student loans; paying parking fines; and

returning all keys, access cards, and borrowed library books.

(h) Although students may receive counsel from the Law School’s administration and faculty,

students are solely responsible for monitoring and tracking their progress toward, and

completion of, graduation requirements.

(i) A student may not use a course to satisfy more than one requirement for graduation. ABA

Standard Interpretation 303-1. “For example, a course that includes a writing experience used to

satisfy the upper-class writing requirement . . . cannot be counted as one of the experiential

courses in Standard 303(a)(3).”

(j) The three annual official graduation dates for all law students are set by the University of Hawaiʻi

at Mānoa for each semester as follows: Fall (December), Spring (May), or Summer (August). If a

law student completes all graduation requirements prior to the end of the terminal semester, the

official graduation date and the date for conferral of the J.D. degree do not change from the three

graduation dates listed above. Thus, the semester in which a student completes all graduation

requirements is the semester that determines the date of graduation. For example, a law student

who completes her or his graduation requirements during the summer semester will have the

official graduation date and degree conferral date of August.

Section 1.02 Academic Program, Academic Calendar, Enrollment Requirements,

Academic Status

(a) Students must continuously enroll in Law School each Fall and Spring semester until completion

of degree requirements, unless a leave of absence is granted pursuant to Section 1.20 infra.

(b) Course Loads and Full-Time Definition for J.D.

TERM FULL-TIME STATUS HALF-TIME STATUS MAXIMUM LOAD

Fall or Spring 12 Law School credits or more 6 Law School credits 18 credits*

*For the maximum load, any credits exceeding 18 credits are subject to Registrar approval.

ABA Standards Interpretation 311-2 provides “Whenever a student is permitted on the basis of extraordinary

circumstances to exceed the 84-month program limitation in Standard 311(b), the law school shall place in the studentʻs

file a statement signed by an appropriate law school official explaining the extraordinary circumstances leading the law

school to permit an exception to this limitation. Such extraordinary circumstances, for example, might include a

interruption of a student’s legal education because of an illness, family exigency, or military service.”

-18-

TERM FULL-TIME STATUS HALF-TIME STATUS MAXIMUM LOAD

Summer 8 Law School credits or more 4 Law School credits 7 credits**

** For the maximum load, any credits exceeding 7 credits are subject to Registrar approval.

To be eligible for financial aid, a student must maintain at least half-time status for each

semester. Satisfactory Academic Progress (SAP) toward a degree or certificate must be

maintained in order to receive financial assistance from the University of Hawaiʻi at Mānoa. A

student must adhere to the following standards: 1) 2.0 GPA; and 2) pass at least 67% of all credit

hours attempted during the student’s academic career at the University of Hawaiʻi at Mānoa. All

accepted transfer credits are included in this SAP calculation. The following courses do not

count as completed units in the SAP calculation: Audit (L), Incomplete (I), Failed (F), No Credit

(NC), Withdrawn (W), No Grade (NG). Withdrawal from a course prior to the completion of

the Fall or Spring semester or a Summer session may result in loss of “full time” or “part time”

status. Each student is responsible for monitoring the status and implications for financial aid.

Loss or change in enrollment status may affect a student’s financial aid and other support such

as military benefits.

Without exception, a law student may not enroll in coursework that exceeds 20% (18 credits) of

the total credit hours required for graduation (89 credits). ABA Standard 311(c).

(d) Upon completion of the first-year curriculum, a student in good academic standing may enroll in

fewer than 12 or more than 18 credits in a Fall or Spring semester (of which a maximum of only

18 credits may count towards the J.D. degree) only with prior written approval of the Associate

Dean for Student Services and the Law School Registrar. Visit the forms section of the Law

School website. Any reduction below 12 credits may affect a student’s financial aid and other

support such as military benefits.

Section 1.03 Credit Hours and Load

(a) The Law School graduation requirements and schedule of classes are based on ABA Standards

that determine “credit hours” for coursework.

(b) A first-year student (1L) is a student who has earned 1 to 29 credits. A second-year student (2L)

is a student who has earned 30 to 59 credits. A third-year student (3L) is a student who has

earned 60 or more credits.

semester course load is 14 to 16 credit hours.

(d) Summer School Credit Load. A student may not take more than 7 credits during a Summer

semester without prior written approval of the Law School Registrar. Visit the forms section of

the Law School website.

ABA Standard 310(b) defines a “credit hour” as the “amount of work that reasonably approximates: (1) not less

than one hour of classroom or direct faculty instruction and two hours of out-of-class student work per week for fifteen

weeks, or the equivalent amount of work over a different amount of time; or (2) at least an equivalent amount of work as

required in subparagraph (1) of this definition for other academic activities as established by the institution, including

simulation, field placement, clinical, co-curricular, and other academic work leading to the award of credit hours.”

According to ABA Standard Interpretation 310-1, “fifty minutes suffices for one hour of classroom or direct faculty

instruction. An ‘hour’ for out-of-class student work is sixty minutes. The fifteen-week period may include one week for

a final examination.” The Law School typically schedules classes in fifty-minute increments (e.g., a 3-credit class meets

for 75 minutes per class twice a week for a total of 150 minutes) and sixty minutes minimum for a 1-credit class. The

Law School typically has a fourteen-week semester with an eight-day final examination period.

-19-

(e) January Term Credit Load. A student may enroll in one January Term course during his or her

first academic year. A student may enroll in up to two January Term courses in subsequent

academic years.

(f) A student may not take Lawyering Fundamentals II and Second Year Seminar (or Law Thesis) in

the same semester, without prior written approval from the Associate Dean for Academic

Affairs.

(g) A student may earn a J.D. degree based only on course work taken after the student has

matriculated in a law school. The ABA Standards do not allow a law school to grant credit

toward the J.D. degree for work taken prior to matriculation, e.g., in a pre-admission program.

ABA Standard 311(d).

Section 1.04 ABA Curriculum and Experiential Learning (EXL) Requirements

(a) In compliance with ABA Standards 303 and 304, effective AY16-17 for entering 1L students, the

Law School Curriculum will require each student to satisfactorily complete the following:

(i) one course of at least two credits in professional responsibility

;

(ii) one writing experience in the first year and one upper-class writing experience

; and

(iii) one or more “experiential courses” totaling at least six credit hours.

According to ABA Standard 303(a)(3), “An experiential course must be a simulation course,

law clinic,

or a field placement.”

(b) The Law School’s 6-credit Experiential Learning (EXL) requirement may be satisfied by a

combination of credits in simulation (skills) courses, clinical courses, and a maximum of 2 credits

of Externship (field placement).

Students transferring to Richardson from other ABA-

accredited law schools may count credits from qualified experiential learning courses that meet

ABA Standards at their prior school toward the 6-credit EXL graduation requirement. Moot

court does not count toward the EXL requirement.

that EXL clinics and skill/simulation courses are not counted as Special Project Credits but the 2

credits of Externship/field placement do count as Special Project Credits.

See Section 1.01 supra.

A “simulation course” is a course that “provides substantial experience not involving an actual client, that (1) is

reasonably similar to the experience of a lawyer advising or representing a client or engaging in other lawyering tasks in

a set of facts and circumstances devised or adopted by a faculty member, and (2) includes the following: (i) direct

supervision of the student’s performance by a faculty member, (ii) opportunities for performance, feedback from a

faculty member, and self-evaluation; and (iii) a classroom instructional component.” ABA Standard 304(a).

A “law clinic” is a course that “provides substantial lawyering experience that (1) involves advising or representing

one or more actual clients or serving as a third-party neutral, and (2) includes the following: (i) direct supervision of the

student’s performance by a faculty member; (ii) opportunities for performance, feedback from a faculty member, and

self-evaluation; and (iii) a classroom instructional component.” ABA Standard 304(b).

ABA Standard 303(a)(3) further defines the “experiential course requirement” as follows: “To satisfy this

requirement, a course must be primarily experiential in nature and must: (i) integrate doctrine, theory, skills, and legal

ethics, and engage students in performance of one or more of the professional skills identified in Standard 302; (ii)

develop the concepts underlying the professional skills being taught; (iii) provide multiple opportunities for

performance; and (iv) provide opportunities for self-evaluation.”

In Spring 2017, the faculty adopted a policy to allow 2 credits of externship to count toward the 6-credit EXL

requirement beginning Summer 2017.

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Section 1.05 Regular Classroom Course Requirements

(a) Of the 89 credits required to graduate from the Law School, at least 64 of those credits must be

earned in courses that “require attendance in regularly scheduled classroom sessions or direct

faculty instruction.” ABA Standard 311(a). See Section 1.01 supra. Therefore, a student may not

count toward the J.D. degree more than 25 credits in courses that do not “require attendance in

regularly scheduled classroom sessions or direct faculty instruction.” ABA Standard 311(a).

Section 1.06 Special Project Credits

(a) Definition. Special Project Credits are: Law School externships (“field placement”),

directed

studies, journals, team competitions, and graduate courses taken in other University

departments. Law courses taken at other ABA-accredited law schools, such as summer courses

or courses taken as a visiting student, are not counted as Special Project Credits. Experiential

Learning (EXL) courses that are clinics and skill/simulation courses are not counted as Special

Project Credits.

(b) A maximum of 12 Special Project Credits may count toward the J.D. degree. For students

pursuing a dual degree or Full Time Externship outside the State of Hawaiʻi, a maximum of 17

Special Project Credits may count toward the J.D. degree.

Section 1.07 Externships (Field Placement)

(a) A student who has successfully completed 19 credit hours that demonstrate “sufficient

prerequisites or contemporaneous[] sufficient training to assure the quality of the student’s

educational experience in the field placement program,” ABA Standard 305(e)(6), may enroll in a

Hawaiʻi Externship for 2, 4, or 6 credits. A student may count up to 6 credits of a Hawaiʻi

Externship toward the J.D. degree. With prior written approval from the Externship Director, a

student may repeat a Hawaiʻi Externship at the same placement within the 6 credit limit.

(b) A student may apply 2 credits of Externship toward the Law School’s 6-credit Experiential

Learning (EXL) requirement.

the Associate Dean for Student Services, a student may enroll in a Full Time Externship outside

the State of Hawaiʻi during the Fall, Spring, or Summer semester and may count up to 12 credits

toward the J.D. degree.

(d) A student on academic probation may not enroll in an Externship.

(e) A student may not enroll in a foreign law program and a Full Time Externship outside the State

of Hawaiʻi at the same time.

(f) All Externships shall be graded on the basis of “Credit/No Credit.”

(g) The educational objectives of the Externship Program and more detailed information are

available on the Law School website at https://www.law.hawaii.edu/externship-program

ABA Standards, effective AY16-17 for entering 1Ls, refer to externships as “field placement.” See ABA Standards

303(a)(3) and (b)(1), 305, and 307. ABA Standard 305, Field Placements and Other Study Outside the Classroom, set

the standards for externships including time and effort required, quality control of work product by faculty members and

site supervisors, and student reflection.

-21-

Section 1.08 Directed Study

(a) With prior written approval of the Law School Registrar, a student may take a Directed Study

with a Law School faculty member for a maximum of 3 credits per semester and total of 6

credits towards the J.D. degree. A lecturer may not supervise a Directed Study. A Law School

faculty may not supervise more than three Directed Study students in a semester. Visit the

forms section of the Law School website.

(b) A Directed Study counts towards the limit of 12 Special Project Credits. A Directed Study does

not count against the 6-credit allowance for taking electives on a “Credit/No Credit” basis. The

student and the supervising Directed Study faculty member must agree on the grading option

(“Credit/No Credit” or letter grade) at the time of enrollment.

(d) Foreign J.D. students who have a valid F-1 student visa may enroll in LAW576 “Directed Study:

Writing Integrated with Practical Training” (WIPT) after completion of one academic year at the

Law School. For more information about this course and requirements, contact the LL.M.

advisor.

Section 1.09 Law Journals and Team Competitions

(a) A student in good academic standing may seek to participate on law journals and team

competitions. All journals and teams must provide a fair opportunity for all J.D. students to

qualify. Law journals and team competitions count toward the limit of 12 Special Project

Credits. A student in the first academic year may not be a member of a law journal or moot

court or client counseling team competitions.

(b) A student may not receive credit for participation on more than one law journal during any

semester without prior written approval of the Associate Dean for Student Services. Students

who have received an offer to participate in more than one law journal must notify the Associate

Dean for Student Services, the editors-in-chief, and the faculty advisors for the journals prior to

making a final commitment.

team. An additional 1 credit of directed study related to a moot court team per academic year

may be taken, in the Spring semester only, under the supervision of that moot court team’s

faculty advisor. Moot court does not count toward the EXL requirement.

(d) A student may not receive credit for participation on more than one moot court team during any

semester without prior written approval of the Associate Dean for Student Services.

Students

who have been invited to join more than one moot court team must notify the Associate Dean

for Student Services and the faculty advisors for the moot court teams prior to making a final

commitment.

Section 1.10 Courses Taken Outside the Law School at the University by Students Not

Pursuing a Dual Graduate Degree/Certificate

(a) With the written approval of the Law School Registrar prior to enrollment, a student not

pursuing a dual graduate degree/certificate may earn and count up to 3 credits of courses taken

outside the Law School at the University toward the J.D. degree. Approved courses count

toward the limit of 12 Special Project Credits. Eligible courses are either:

(i) a graduate level (600 or higher) course; or

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(ii) a language course (300 or higher); if the language course is not offered at a higher than a

200 level, then a 200 level course may be approved.

(b) All courses taken outside the Law School applied toward the J.D. degree must be taken for a

letter grade unless offered only as “Credit/No Credit.” A grade of “C” or better shall be counted

as a “Credit” on the Law School transcript and will not be computed in the Law School

cumulative grade point average. Visit the forms section of the Law School website.

the prior written approval of the Associate Dean for Student Services.

Section 1.11 Courses Taken Outside the Law School at the University by Students Pursuing

Dual Graduate Degree/Certificate Programs

(a) A student pursuing a dual graduate degree/certificate at the University taking courses outside the

Law School shall notify the Law School Registrar within two weeks of acceptance into the other

program. Admission to the Law School does not guarantee admission into the non-law

program. A student interested in pursuing a dual graduate degree/certificate program must meet

the admission requirements of the other program. The Law School does not grant transfer

credit for any courses taken prior to matriculation into the Law School.

Visit the forms section

of the Law School website.

(b) With written approval of the Law School Registrar prior to enrollment, a student pursuing the

J.D. degree and another graduate degree/certificate may earn and count up to 10 credits of

graduate coursework from the non-law program toward the J.D. degree. A student may not

transfer partial course credit (e.g., 1 credit out of a 3-credit course). All courses taken outside

the Law School applied toward the J.D. degree must be taken for a letter grade unless offered

only as “Credit/No Credit.” A grade of “C” or better shall be counted as a “Credit” on the Law

School transcript and will not be computed in the Law School cumulative grade point average.

Visit the forms section of the Law School website.

credits from that other program will be counted toward the J.D. degree only if the student has

made substantial progress toward the other graduate degree/certificate.

(d) A student pursuing dual graduate degree/certificate programs may not take more than two non-

Law School (excluding the dual degree/certificate program-related courses) in a semester,

without the prior written approval of the Associate Dean for Student Services.

(e) The requirements for the dual degree programs with international institutions are available on

the Law School website.

Section 1.12 Richardson Law Students Visiting an ABA-Accredited Law School

(a) With the prior written approval of the Associate Dean for Student Services and the Law School

Registrar, a student in good academic standing after completing the first-year curriculum may

visit at another ABA-accredited law school as a full time or part time student at that law school

and transfer a maximum of 30 credits earned at that school. To graduate from the Law School,

the student must have earned at least 45 of 89 credits at the Law School.

See ABA Standard 311(d).

-23-

(b) Students visiting another ABA-accredited Law School must take each course for a letter grade

(unless a grade option is not offered) and must earn a “C” or above; the credits earned will

transfer only as “Credit” and will not be used to compute the student’s Law School GPA.

law school must obtain prior written approval of the Associate Dean for Academic Affairs and

the Law School Registrar. The transfer will be approved only if the course at the other law

school is substantially similar to the required Law School course. The student is responsible for

providing sufficient information, including a course description and syllabus to the Associate

Dean for Academic Affairs, who may consult the faculty regarding equivalency.

Section 1.13 Students Visiting Richardson Law School from an ABA-Accredited Law School

(a) A visiting student from another ABA-accredited law school is governed by the Law School

academic regulations. A student visiting the Law School may not participate in a course lottery

for limited enrollment courses but may enroll during open enrollment if space permits. With

prior written approval of the Associate Dean for Academic Affairs and the Law School

Registrar, a visiting student may take Second Year Seminar or Law Thesis on a space-available

basis. Visit the forms section of the Law School website.

Section 1.14 Students Transferring to the Richardson J.D. Program from Other ABA-

Accredited Law Schools

(a) After completion of the first academic year at another ABA-Accredited Law School, a transfer

student may request to transfer up to 44 credits from another ABA-accredited law school. The

Associate Dean for Academic Affairs shall determine which courses will be accepted and the

number of credits to be transferred. A student will not receive credit for courses taken at the

Law School if the student has already received transfer credit for a substantially similar course

taken at another ABA-accredited law school. The student’s prior cumulative grade point

average may not be used in computing the student’s Law School cumulative GPA for any

purpose, including graduation and eligibility to continue to enroll. A grade of “Credit” will be

used for all transferred credits. A minimum of 45 credits must be taken at the Law School.

Section 1.15 Richardson Law Students Attending Foreign Law Programs

(a) With prior written approval of the Associate Dean for Academic Affairs, a law student in good

academic standing who has completed the first-year curriculum may attend a foreign law

program in the Fall, Spring, or Summer semester or a special term (e.g., course during a Law

School break), not to exceed a total of two semesters, and may transfer the following maximum

amount of credits earned in that program: 12 credits per Fall or Spring

semester; 7 credits

per Summer semester; and 3 credits per special term.

(b) The student must consult with the Director and faculty advisor for International Programs and

then submit an application that conforms to the ABA Criteria for Accepting Credit for Student

Study at a Foreign Institution to the Associate Dean for Academic Affairs at least 6 months in

advance of the proposed departure. A Foreign Study Memorandum will then be placed in the

student’s file and maintained by the Associate Dean for Academic Affairs.

at least a “C” or equivalent in the foreign law program courses.

(d) A student seeking to participate in foreign study through the Law School’s established programs

must submit a request using the “Visiting Another Law School” form at least 3 months in

-24-

advance of the proposed start date. Upon approval of the request, a Foreign Study

Memorandum will then be placed in the student’s file and maintained by the Associate Dean for

Academic Affairs.

Section 1.16 Summer Law Programs at the Law School & Other ABA-Accredited Law Schools

(a) The Hawaiʻi Summer Law Program is part of the Law School J.D. Program. A law student may

enroll in up to 7 credits per summer without special approval. A law student may not enroll in

more than 7 credits per summer without prior written approval of the Law School Registrar.

(b) With written approval of the Law School Registrar prior to enrollment, a student in good

academic standing may transfer credit(s) from an ABA-approved law school summer program in

the U.S. or abroad. The student must provide the Law School Registrar complete information

about the host institution, course(s) proposed to be taken, and number of credits. A student

may request a letter of good standing from the Law School Registrar if required by the host

institution. Visit the forms section of the Law School website.

including through any programs outside of the Hawai‘i Summer Law Program, without the prior

written approval of the Law School Registrar. If a student enrolls in summer law program other

than at the Law School, the class and exam schedules may not conflict, and any such conflicts

will not be considered in a student request for excused absence or exam accommodations.

(d) A student may not receive transfer credit for any course identical or substantially similar to

previously credited Law School courses or vice versa. Summer law program courses must be

taken for a letter grade unless a letter grade option is not offered. A grade of “Credit” will be

used for all transferred credits provided the student earns a grade of a “C” or above. Upon

completion of the summer program, the student is responsible for submitting a transcript to the

Law School Registrar within 4 weeks of release of the grades to the student.

Section 1.17 Distance Education

(a) “Distance education course” means one in which students are separated from the faculty

member or each other for more than one-third of the instruction and the instruction involves

the use of technology to support regular and substantive interaction among students and

between the students and the faculty member, either synchronously or asynchronously.

(b) The Law School may grant up to 50 percent of the credit hours required for the J.D. degree

through Distance Education Courses. This limitation shall not apply to students admitted to the

ABA-approved Hawai`i Online JD Flex Program.

provided under law (such as the Americans with Disabilities Act) or under exceptional

circumstances must not cause the course towards the distance education credit limits in

subsection (b) for that student. The Law School must document all instances in which a student

is permitted to participate remotely in a non-Distance Education Course for which the credits

will not be counted towards the credit hour limits in subsection (b).

This Section 1.17 has been updated with the 2023-2024 ABA Standards, such revisions to be formally considered and

adopted by the faculty in Academic Year 2023-2024.

See ABA Standards, Definition 7.

See ABA Standard 306.

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(d) The Law School will verify that a student who registers for any Distance Education Course is the

same student that academically engages in the course. The verification of student identity must

protect student privacy.

Section 1.18 Attendance, Absences

(a) In accordance with ABA Standard 308(a), the Law School requires regular attendance of classes.

A student must adhere to the attendance policies stated in the syllabi provided by Law School

faculty members for each course. A student is responsible for ensuring that her or his own

attendance conforms to the course requirements and faculty member’s practice for recording

regular attendance.

(b) The Associate Dean for Student Services may excuse absences in individual cases for reason of

illness, family emergencies, or other extraordinary situations. A student requesting an excused

absence is responsible for reporting the absence within 3 days through the absence form on the

Law School web site and, within 7 days of the absence, providing supporting documentation to

the Associate Dean for Student Services who will determine whether the absence is excused or

unexcused. Visit the forms section of the Law School website.

(i) Excused Absences may include but are not limited to:

• Illness (requires doctor’s note for an extended absence)

• Death and/or funeral of family or close friend

• Mandatory professional training, education, and/or licensing that cannot be

rescheduled (requires prompt notice to the Law School)

• Mandatory active or reserve military obligations that cannot be rescheduled (requires

prompt notice to the Law School)

• Religious holidays

• Moot Court, Client Counseling competitions (not applicable to 1L team assistants);

only travel and competition days are eligible for an excused absence

• Attendance at a local, national, or international law-related conference only as an

invited guest speaker, as recognized law student representative on behalf of the Law

School, designated coordinator of the event, or a major/central award recipient

• Court appearances for which you are subpoenaed as a witness or in a matter in

which you are a party

• Serious personal matters

(ii) Unexcused Absences may include but are not limited to:

See ABA Standard 511.

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• Attendance at a conference

• Participation in a sports tournament

• Job interviews, call backs

• Transportation delays

• Weddings (including your own), reunions

• Computer problems

• Personal matters that are not emergencies

• Conflicts with projects, work, or deadlines in other classes

(d) If a student’s excused absences exceed 10% of class time, the Associate Dean for Student Services

may require the student to withdraw from the course.

(e) If a student’s unexcused absences exceed 10% of class time, the Associate Dean for Student

Services shall refer the matter to the Associate Dean for Academic Affairs who may impose

sanctions including, but not limited to, a substantial grade reduction, withdrawal from the

course, or assignment of a failing grade for the course.

(f) The Law School recognizes the importance of jury duty. However, a student may request that

the Associate Dean for Student Services prepare a letter to request that the court defer a

student's jury duty because of academic conflicts.

(g) Recording of classes for absences may be allowed only based on conditions set by the Associate

Dean for Student Services and for students who are absent due to serious medical conditions

that cause an inability to attend classes for an extended period of time (e.g., cancer or maternity

leave).

Section 1.19 Withdrawal from Courses

(a) A student may not withdraw from any course after the Law School’s “drop with a W” period

without written approval of the Associate Dean for Student Services and demonstrating

extraordinary circumstances.

(b) A student may not withdraw from a course required in the first-year curriculum or a course that

satisfies the upper-level writing requirement (Second Year Seminar and Law Thesis) without

prior approval of the Associate Dean for Student Services and the withdrawal must be based on

extraordinary circumstances.

Section 1.20 Leave of Absence

(a) The Law School may grant a leave of absence for a student demonstrating extraordinary

circumstances. A student seeking a leave of absence must submit a written request to the

Associate Dean for Student Services. Visit the forms section of the Law School website.

(b) If the student fails to return at the end of a leave of absence or does not officially extend his or

her leave of absence, the student will be withdrawn from the J.D. program no later than the

semester subsequent to the end of the leave of absence. The student will have to reapply for

admission and may petition to receive credit for previously completed courses.

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military duty. The Associate Dean for Academic Affairs may grant credit for the semester that

was interrupted if the student completes a required academic plan.

(d) A student’s return date after a leave of absence will be considered the student’s original

enrollment date for purposes of these regulations.

Section 1.21 Auditing Courses

(a) A student who has completed the first-year curriculum is permitted to audit a Law School course

with permission of the faculty member. The faculty may from time to time allow 1Ls to audit a

Law School course before completion of the first year of study, e.g., special one-time courses that

would not otherwise be available to the 1Ls. Audited courses appear on official University

transcripts with the designation “L” and do not count toward computation of Law School GPA

or J.D. requirements.

(b) A law student may not audit more than two non-Law School courses in a semester, without the

prior written approval of the Associate Dean for Student Services.

status or for financial aid requirements.

(d) The Law School auditor policy for non-law students is posted on the web site:

https://law.hawaii.edu/students/policy-for-non-law-students/

Section 1.22 Grade System and Ranking

(a) Grade System

(i) Grade points for each credit hour received in a course are computed as follows:

A+ = 4.0

B+ = 3.3

C+ = 2.3

D+ = 1.3

F = 0.0

A = 4.0

B = 3.0

C = 2.0

D = 1.0

A- = 3.7

B- = 2.7

C- = 1.7

(ii) The grade system includes the following designations: A+, A, A- (excellent); B+, B, B-

(above average); C+, C (average); C-, D+, D (minimal passing in elective courses, and

non-passing in required courses); F (failure); CR (credit); NC (no credit); I (incomplete);

and L (audit).

(iii) Plus (“+”) and minus (“-”) grades will be used to calculate the student’s GPA. A faculty

member may choose to assign only whole letter grades.

(b) Advisory Grades. Students receive only advisory grades (“Credit”/“No Credit”) in the first

semester of the first year of Law School.

(i) No grade other than “Credit” or “No Credit” shall be reported to anyone other than the

student and employees of the Law School acting in an official capacity.

(ii) Advisory grades in the first semester of full or part time study will not be used in

determining the official Law School GPA. Advisory grades may be used by the Law

School to assist a student in fulfilling graduation requirements, avoiding dismissal, or

avoiding probation.

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(iii) For first-year students, semester advisory grades will be used to decide whether a

student will be placed on academic probation.

must be taken for a letter grade only. Required courses for purposes of this section are all

courses in the first-year curriculum (Torts, Contracts for Full Time Students, Contracts I and II

for Evening Part Time students, Civil Procedure I and II, Lawyering Fundamentals I and II,

Criminal Law, Real Property I, and Legal Research), Constitutional Law I, Professional

Responsibility, and courses that satisfy the upper-level writing requirement (Second Year

Seminar and Law Thesis).

(d) Elective Credit/No Credit Option. A student may take up to 6 credits of elective courses that

are ordinarily offered for a letter grade on a “Credit/No Credit” basis, if the professor teaching

the course allows the course to be taken on a Credit/No Credit basis. If a student earns a grade

of “No Credit,” then those credits will not count towards the 6-credit maximum. When a

student selects the “Credit/No Credit” option, no grade will be included in the student’s GPA,

and the student will be ineligible for the highest-grade award in that course. After the first

semester of the first year, a student may not elect to take a required course “Credit/No Credit”

unless the course is offered only on a “Credit/No Credit” basis.

(e) The term “Credit” means a performance of “D” or above for elective courses and “C-” or above

for required courses.

(f) “Incomplete.” Only under extraordinary circumstances and with prior written approval of the

Associate Dean for Student Services or Academic Affairs may a student be given an “Incomplete”

grade. To convert an “Incomplete” to a final grade, a student must complete all required

coursework prior to the end of the regular exam period of the subsequent Fall or Spring

semester, or Summer session. If a student does not complete the coursework during this time

period, the student will receive a failing grade for the course.

(g) Law School Grading Curve

(i) Curve

Effective the Fall 2019 semester, the faculty has adopted the following curve

This grade policy applies to:

(1) required courses (regardless of enrollment); and

(2) elective courses with enrollment of 20 or more law students:

Grades

Range

A+ to A- 10% - 30%

A+ to B- 75% - 90%

C+ and below 10% - 25%

Required courses include the first-year curriculum: Civil Procedure I and II, Contracts (Contracts

I and II for EPT students), Lawyering Fundamentals I and II, Legal Research; Torts, Criminal

Law, and Real Property I); and, after the first year: Constitutional Law I, the upper-class writing

requirement (Second Year Seminar or Law Thesis), Professional Responsibility, and the

Experiential Learning (EXL) requirement (if letter graded).

Previous ranges were: A+ to A-, 10% to 30%; A+ to B-, 75% to 90%; C+ and below, for courses with over 16 law

students, 10% to 25%, and for courses with 16 or fewer law students, 0% to 25%.

Policy adopted by the Law School Faculty May 7, 2019.

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The following grade policy applies to elective courses with enrollment of 19 or fewer law

students:

Grades Range

A+ to A- 10% - 50%

A+ to B- 75% - 100%

C+ and below 0 % - 25%

The enrollment count of 20 includes law students taking the course for Credit/No Credit and

LLMs taking the course for a grade but does not include cross-registered students from other

departments or other non-law students.

(ii) Faculty Discretion and Syllabus. A faculty member has broad discretion in determining

the factors to be considered in evaluating student performance. Faculty members shall

give students a syllabus describing the factors to be considered in calculating grades and

the relative weight to be assigned to such factors. Faculty members should provide a

syllabus to students before the end of the first week of classes.

(h) Numerical Ranking

(i) Quintile. After each Fall and Spring semester, the Law School calculates five quintile

rankings for each class: first quintile (20%), second quintile (40%), third quintile (60%),

fourth quintile (80%) and fifth quintile. In addition, the class median GPA is calculated.

Quintiles are based on each student’s cumulative GPA (not including advisory grades).

(ii) Ranking. If a student is ranked in the top 20%, the numerical ranking will appear only

on the Law School-generated Spring semester grade report. Multiple numerical rankings

(i.e. ties) are possible. Students are strongly encouraged to clarify to prospective

employers if he or she is tied for a numerical ranking. If no numerical ranking is

indicated, the student is not in the top 20% and should refer to his or her reported

quintile ranking.

(iii) Ranking Only in Spring Semester. For 1Ls, numerical ranking will be calculated using

only Spring semester grades because Fall semester grades are advisory. For 2Ls and 3Ls,

the numerical ranking is based on the cumulative GPA (excluding advisory grades). For

August and December graduates, ranking will be calculated only after the following

Spring grades are reported. August and December graduates are ranked with the

following Spring graduating class.

(iv) Ranking of Part Time Students. A student enrolled in the Evening Part Time Program

will be ranked with Full Time first-year students the Spring semester upon completion of

30 credits. A student enrolled in the Part Time program with 30 to 59 credits will be

ranked with Full Time second-year students. A student enrolled in the Part Time

program with 60 or more credits will be ranked with Full Time third-year students.

(v) Students who are visiting at other law schools or on leave of absence will not receive a

class ranking in the semester of their absence.

(i) Honors for Graduating Students

(i) Summa cum laude indicates an overall GPA in the top 5% of the class.

(ii) Magna cum laude indicates an overall GPA in the top 10% of the class.

(iii) Cum laude indicates an overall GPA in the top 25% of the class.

(j) Grade Reporting. Students may access their grades through the University of Hawaiʻi student

website at myuh.hawaii.edu. Every course taken during the semester and the final grade received

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including “+” and “-” are indicated, unless the course is taken for “Credit/No Credit” or “Audit.”

The “+/-” is factored into a student’s GPA.

(k) Official Transcript

(i) The University of Hawaiʻi’s Admissions and Records Office prepares a student’s official

transcript upon request and for a small fee. The official transcript is cumulative and lists

every course taken and the final grade. The GPA on the official transcript may differ

from the GPA on the Law School grade report due to Academic Regulations for the

Law School. For example, when a student takes a University course outside the Law

School, the grade for that course is not computed into the Law School GPA.

(ii) For 1Ls, the official transcript of Fall semester courses will not indicate the advisory

letter grades but will show only “Credit/No Credit.” Each student is responsible for

keeping copies of his or her Law School grade reports. The Law School does not

disclose advisory grades to anyone outside the Law School, except to University

employees for the limited purposes of determining scholarships awarded by the

University.

Section 1.23 Academic Standards, Eligibility to Continue, Academic Probation, Dismissal

(a) In accordance with ABA Standard 308, Academic Standards, and Standard 309, Academic

Advising and Support, the Law School adheres to the following policies for “good standing,

academic integrity, and dismissal.”

(b) A student is considered to be in “good standing” if the student is (i) not on academic probation,

(ii) not dismissed, and (iii) not been found responsible for a disciplinary violation. A certification

of “good standing” may be delayed, qualified, or denied due to an unresolved disciplinary

investigation.

communicate academic standards and graduation requirements, as well as guidance on course

selection. See ABA Standard 309.

(d) A student who earns a semester GPA of below 2.20, a failing grade in any course, a D+ or lower

in a required course, or a grade of “No Credit” in a Credit/No Credit only course, shall:

(i) meet with the Director of Academic Success to develop an academic plan for the

subsequent semester;

(ii) not receive Law School credit for journals, Moot Court/Client Counseling teams, or any

courses taken outside the Law School; and

(iii) not serve on a Law School Committee, as an officer of the Student Bar Association, in

the Law Student Government, on a Student Organization leadership group, or on a

Student Organization committee.

(e) Passing Required Courses.

(i) For students who first enrolled at the Law School prior to Fall 2020, a student must earn a

grade of “D” or above in all required courses or “Credit” in required courses graded for

“Credit/No Credit.” A student who receives a grade of “D- or below” in any part of a

sequential course required in the first-year curriculum (e.g., Contracts I & II, Civil

Procedure I & II, Lawyering Fundamentals I & II) must retake that course but may enroll

in the next scheduled course in the sequence prior to retake unless otherwise required by

the Associate Dean for Academic Affairs.

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(ii) For students who first enrolled at the Law School in Fall 2020 or later, a student must earn

a grade of “C-” or above in all required courses or “Credit” in courses graded for

“Credit/No Credit.” A student who receives a “D+ or below” in any part of a sequential

course required in the first-year curriculum (e.g., Contracts, Civil Procedure I & II,

Lawyering Fundamentals I & II) must retake that course but may enroll in the next

scheduled course in the sequence prior to retake unless otherwise required by the

Associate Dean for Academic Affairs.

(f) Retaking Courses

(i) A student otherwise eligible to continue may retake any required or elective course in

which he or she earned the grade of “D,” “F,” or “No Credit.” A course may be retaken

only once. Thus, for students who first enrolled at the Law School prior to Fall 2020, if a

student receives a grade of “D- or lower” in a required course and, upon re-enrollment,

again earns a grade of “D- or lower,” the student shall be dismissed from the Law

School. For students who first enrolled at the Law School in Fall 2020 or later, if a

student receives a grade of “D+ or lower” in a required course and, upon re-enrollment,

again earns a grade of “D+ or lower.” the student shall be dismissed from the Law

School. If student initially took a course on a “Credit/No Credit” basis, the student

must retake the course on the same basis. If a student initially took a course for a letter

grade, the student must retake the course on the same basis.

(ii) Grade Upon Retake. Regardless of the grade earned on retake, a grade no higher than a

“C” shall be entered on the student’s Law School records rather than the higher grade,

and this new grade of “C” or below shall be used for all purposes. If a lower grade is

earned upon retake, that lower grade replaces the original grade for all purposes (e.g.,

computation of cumulative and semester GPA).

(iii) Treatment of Credits Earned Upon Retake.

a) The credits for the retaken course shall replace the original course credits for all

purposes.

b) The official University transcript will reflect both the original grade and credits as

well as the retake grade and credits.

(g) Guided Enrollment

(i) For students first enrolled at the Law School in Fall 2023 or later:

a) A student ranked in the fourth or fifth quintile after the first year shall be required to

take Business Associations, Evidence, and one semester of Extended Bar Review

prior to graduation.

b) A student ranked in the fifth quinte after the first year shall further be required to

take Advanced Legal Analysis in the next academic year. Part Time students (who

would ordinarily be ranked for the first time after completing 30 credits) will be

subject to this requirement if their GPAs after the first year would place them in the

fifth quintile of the 1L class.

c) A student who is required to take Advanced Legal Analysis may submit a written

petition to the Associate Dean for Academic Affairs and the Associate Dean for

Student Services required to be excused from the requirement. The petition will be

granted only for extraordinary circumstances.

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(h) Academic Integrity, Dismissal, Probation

(i) For students first enrolled at the Law School prior to Fall 2020:

a) A student shall be placed on academic probation at the end of any semester in which

his or her cumulative Law School GPA falls below a 2.00 but above 1.59;

b) At the end of any semester during which a student is on academic probation, the

student is restored to good academic standing and removed from academic

probation if his or her cumulative Law School GPA rises to 2.00 or above;

c) The student shall remain on academic probation if his or her cumulative Law School

GPA remains below 2.00 but the student earns 2.00 or above in the courses taken

that semester; or

d) The student shall be dismissed if the student earns a Law School GPA of 1.99 or

below in the courses taken that semester.

(ii) For students first enrolled at the Law School in Fall 2020 or later:

a) A student shall be placed on academic probation at the end of any semester in which

his or her cumulative Law School GPA falls below a 2.20 but above 1.59;

b) At the end of any semester during which a student is on academic probation, the

student is restored to good academic standing and removed from academic

probation if his or her cumulative Law School GPA rises to 2.20 or above;

c) The student shall remain on academic probation if his or her cumulative Law School

GPA remains below 2.20 but the student earns 2.20 or above in the courses taken

that semester; or

d) The student shall be dismissed if the student earns a Law School GPA of 2.19 or

below in the courses taken that semester.

(iii) A student shall be dismissed after the end of any semester, except his or her first

semester, in which the student’s cumulative Law School GPA falls below 1.60. If a

student earns a Law School GPA of 1.59 or below during his or her first semester of

Law School, the student shall not be dismissed and shall be placed on academic

probation after the end of his or her first semester.

(i) Academic Probation

(i) A student who is placed on academic probation shall:

a) meet with the Director of Academic Success to develop an academic plan for any

semester during which a student is on academic probation;

b) not enroll, without the prior written approval of the Associate Dean for Student

Services, in any Experiential Learning (Clinical or Skills) course;

c) not enroll in any Directed Study or Externship;

d) not receive Law School credit for journals, Moot Court/Client Counseling teams, or

any courses taken outside the Law School;

e) not serve on a Law School Committee; and

f) or serve as an officer or leadership role, including chairing committees, of the

Student Bar Association or Law Student Government.

(j) Due Process Policies for Good Standing and Graduation. In accordance with ABA Standard

308(b), a student who encounters academic difficulties, becomes ineligible for good standing, is

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on probation, or is at the risk of dismissal will be notified in writing by the Law School Registrar

or the Associate Deans and provided academic and other counseling support by the Director of

Academic Support, the Associate Dean for Student Services, or the Associate Dean for

Academic Affairs regarding academic and other options, including a petition for readmission.

(k) Readmission after Academic Dismissal

(i) A student who for academic reasons is ineligible to continue to enroll may petition the

Law School Petitions Committee in writing for readmission. The Petitions Committee is

an ad hoc committee constituted from the Academic Standards Committee, as needed,

at the discretion of the Dean and may include a student temporarily appointed by the

Dean for this purpose.

(ii) The Petitions Committee will evaluate such petitions according to the academic

standards governing the Law School and will grant such petitions only under the

following circumstances:

a) For first-year students in their first semester and Part Time students in their first

academic year of study, the petitioner must prove that he or she has a strong

likelihood of completing the Law School program and becoming a competent

attorney;

b) For all other students, the petitioner must prove that he or she was subject to

extraordinary circumstances and that the petitioner has a strong likelihood of

completing the Law School program and becoming a competent attorney; and

c) “Extraordinary circumstances” mean: “An event or series of events that are

unforeseeable and unusual for law students and that has an extreme adverse impact

upon the student’s ability to pursue the study of law.”

(iii) To be considered for readmission, a student must submit the petition in writing to the

Associate Dean for Academic Affairs at least 2 calendar weeks before the beginning of

the semester following the date of dismissal or at such earlier or later time as the

Associate Dean for Academic Affairs may designate in writing to the student. Failure to

file a timely petition constitutes a waiver of the right to petition.

(iv) A petitioner has the right to appear in person before the Law School Petitions

Committee and may bring one other person to assist in the advocacy of the petition.

The petitioner has the burden to bring all relevant evidence before the Law School

Petitions Committee. The Committee may review the student’s Law School file,

including academic records, and may actively seek additional information regarding the

petitioner. If the Law School Petitions Committee decides to readmit the petitioner, this

decision is final.

(v) A denial of the petition may be appealed to the full faculty. On appeal to the full faculty,

the petitioner, or his or her advocate, may address the faculty for no more than five

minutes. No new evidence may be brought before the full faculty. However, the full

faculty may review the Law School Petitions Committee’s decision de novo and may

decide whether to readmit the petitioner.

(vi) If a student previously disqualified for academic reasons is readmitted, a statement of the

considerations that led to the decision will be placed in the student’s file. ABA Standard

501(c).

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Section 1.24 Deadlines for Written Work

(a) A student must submit all written work for each semester by the deadline set by the faculty

member, which shall be no later than the final day of the regular exam period for the semester or

summer session.

(b) General Rule. A faculty member is not required to accept written work submitted after the

deadline. At his or her discretion, a faculty member may grant a student an extension of time

other than for a mid-term or final examination upon a showing of good cause, if requested in a

timely manner. Deadlines after the final day of the regular exam period for the semester or

summer session, or requests for an extension of time beyond the final day of the exam period,

may not be set or granted by a faculty member and may be approved only by the Associate Dean

for Academic Affairs based on compelling circumstances.

Fundamentals I, Lawyering Fundamentals II, Second Year Seminar, or Law Thesis.

(d) Exceptions.

(i) Lawyering Fundamentals I and II. For good cause only, a student may seek an extension

in Lawyering Fundamentals I and II. Before the assignment is due, a student seeking an

extension must contact only the Associate Dean for Student Services, who will then

determine whether the late assignment is excused, unexcused, or subject to penalty.

Students should refer to the Lawyering Fundamentals I and II syllabi for detailed

instructions on timeliness of assignments.

(ii) Second Year Seminar and Law Thesis. For good cause only, a student may seek an

extension if the student (aa) promptly notifies the faculty member and the Director of

Legal Writing by email, and (bb) simultaneously requests an extension of the deadline for

a required assignment, with sufficient justification, in writing from the Associate Dean

for Student Services who will determine whether a late assignment is excused or

unexcused and subject to penalty.

(e) Delays in turning in written work because of computer-related problems are not excused. An

excused absence does not result in an extension of time on written work unless the extension is

approved by the Associate Dean for Student Services.

Section 1.25 Plagiarism

(a) Definition. “Plagiarism” is defined as the submission or presentation of any work, in any

form, that is not a student’s own, without acknowledgement of the source. A student

shall not appropriate ideas, facts, or language from the work of another without proper use of

quotation marks, citation, or other explanatory insert. Regardless of intent, the failure to

properly acknowledge the use of another’s work constitutes plagiarism. All written work,

whether in preliminary or final form, submitted by a student in the course of law study is

assumed to be the student’s own work. Anything copied or paraphrased from another author or

source must be appropriately identified, acknowledged, and attributed to that source. The use of

another’s language or the substantial adaptation thereof without identification as a direct

quotation by quotation marks or otherwise is plagiarism even though the source is cited in the

student’s work.

(b) Plagiarism Policy. The Law School policy on plagiarism is based on its fundamental

responsibility to prepare students for the legal profession and to hold students to standards that

reflect the ethical standards of the legal profession. Although the professional responsibility

rules may not specifically mention plagiarism, when a student “borrows” language or ideas from

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others without proper attribution, for whatever reason (e.g., deadline pressure, personal distress,

or ignorance), this violates the principles embodied in the professional rules, such as the Hawai‘i

Rules of Professional Conduct, which state that “It is professional misconduct for a lawyer to:

. . . engage in conduct involving dishonesty, fraud, deceit or misrepresentation[.]” Rule 8.4(c).

coursework by studying and understanding the definition, by consulting with faculty for

guidance, and by studiously and meticulously citing appropriate sources for any work, in any

form, that is not a student’s own. Each year, particularly prior to taking Second Year Seminar or

Law Thesis, students are strongly encouraged to review the plagiarism lesson available from the

Center for Computer-Assisted Legal Instruction (CALI) (available at www.cali.org), entitled

“Plagiarism: Keeping Out of Trouble.”

(d) Plagiarism Sanctions. Sanctions for plagiarism in Law School are determined by the process set

forth in the Disciplinary Regulations and can be severe, including but not limited to receiving an

“F” in the course or dismissal from Law School.

Section 1.26 Exams

(a) All students must comply with the exam procedures established by the Associate Dean for

Student Services and the Law School Registrar.

(b) A student who is enrolled in a course in which an exam is given will be required to take the

exam at its regularly scheduled time and place. Failure to turn in an exam on time will result in

an “F” grade or “No Credit” in the course. Answers that are not recorded as required by the

exam instructions will not be graded and will not count toward the assessment (e.g., writing the

multiple-choice answer in the ExamSoft program instead of filling in the bubbles on the

provided scantron sheet).

Registrar.

(d) Policies and procedures for exams:

(i) These policies and procedures for exams apply to all faculty members and students

unless otherwise approved by the Associate Dean for Student Services based on

extraordinary circumstances.

(ii) To assure an anonymous grading system, each student will be assigned an identification

(ID) number from the Student Services Office per semester to be used on all exams for

that semester. Each student is responsible for following all of the exam procedures and

schedules as provided by the Student Services Office and posted on the Law School

website.

(iii) Students should contact the Associate Dean for Student Services within 24 hours of the

exam regarding any irregularity that may affect the integrity of the exam or exam

performance including potential misconduct of other students, or, computer, hardware,

or software problems.

(iv) Posting of Grades. Results of exams will be posted on https://myuh.hawaii.edu

approximately 30 days after the exam. Students may contact their faculty member only

after grades for their courses are posted.

(v) Final Exam Rescheduling

a) Students should check the final exam schedule before registering for courses. Each

student is responsible for noting the exact date, time, and room for each and every

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exam that he or she is required to take. Rescheduling will not be permitted if a

student has two exams on the same day or on successive days.

b) Exceptions to the provision requiring that all exams be taken at the scheduled time

will be allowed only for extraordinary circumstances, such as:

(1) medically certified disabilities;

(2) verified emergencies beyond the student’s control that substantially impair the

student’s ability to take the exam at the scheduled time; or

(3) for reasonable accommodation of religious observation in the case of serious

incompatibility between a student’s religious beliefs and a scheduled exam.

c) Students must obtain prior written approval for the rescheduling of any exams from

the Associate Dean for Student Services and the Law School Registrar at least 14

days prior to the start of the final exam period. Students shall not discuss the

rescheduling of any exams with the faculty member or other students. The

rescheduled exam will be given on a date to be determined by the Law School

Registrar.

(vi) Day of Exam

a) Cell phones and other electronic devices are strictly prohibited from being accessed

during an exam. All cell phones must be turned off and put away throughout the

duration of an exam. Watches and/or other timing devices must be silenced

throughout the exam. Laptop computers may be used only to type exam answers

utilizing software from ExamSoft. Students using bluebooks must write legibly.

Only answers written legibly will be graded.

b) Any books, e-books, notes or other course-related materials not authorized for use

during the exam may not be brought into the exam room, or must be placed at the

front of the room during the exam. Students may not consult any unauthorized

materials during the exam. Students may not leave unattended course or exam

materials, including notes or outlines, in any common areas of the Law School

during the entire Law School exam period.

(vii) Exam Confidentiality

a) Students may not discuss the contents of an exam with faculty or other students

until grades are posted. This is necessary to assure exam confidentiality and

integrity, e.g., in the event that someone is unable to take the exam at the scheduled

time.

b) Students should avoid making any references or particular notations on the exam

that a faculty member may recognize as coming from a certain student. This rule

applies before, during, and after the exam. Breaches of exam confidentiality are

subject to review under the Disciplinary Regulations.

(e) Exam Violations, Penalties

(i) The Law School and the Associate Dean of Academic Affairs have the discretion to

impose penalties for violations of exam policies.

(ii) If the violation is considered a “minor” infraction and does not involve intent to gain

advantage, a penalty may be imposed of up to 10% of the total exam points.

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(iii) If the violation is considered a “major” infraction, e.g., continuing to write or complete

answers after time is called to gain advantage, a penalty may be imposed for more than

10% of the total exam points.

(iv) A student alleged to have violated exam policies must provide all relevant information

promptly upon request to the Law School and Associate Dean for Academic Affairs.

Penalties will be imposed in consultation with the faculty member teaching the course,

while preserving student confidentiality.

Section 1.27 Procedures for Review of Final Grades and Exam Papers

(a) After the grades are posted, students may review their final exams through the Faculty Support

Office. Exams will be made available for review only until the end of the subsequent semester.

Students will be notified of the availability of exams after grades are posted. Each faculty

member will, upon request, discuss with the student in the course, the student’s performance in

the class and the final grade.

(b) If, after the discussion with the faculty member and review of the student’s exam, the student

believes that his or her grade may violate the Law School Academic Grievance Regulations, the

student may pursue the remedies prescribed therein.

(d) If a faculty member believes the grade resulted from a mathematical error, the faculty member

shall notify the Associate Dean for Academic Affairs, who will circulate a notice to the faculty,

explaining the circumstances of the error and proposing approval absent faculty objection.

Section 1.28 Student Learning Outcomes and Student Assessment

(a) The Law School adopted its current Student Learning Outcomes (SLOs) in 2012, and those

SLOs were, in accordance with ABA Standard 302, formally made effective in AY16-17 with the

1L entering class. The Standard requires SLOs that involve competency in: (a) knowledge and

understanding of substantive and procedural law, (b) legal analysis and reasoning, legal research,

problem-solving, and written and oral communication in the legal context, (c) exercise of proper

professional and ethical responsibilities to clients and the legal system, and (d) other professional

skills needed for competent and ethical participation as a member of the legal profession.

(b) Assessment of Student Learning. The Law School utilizes both formative and summative

assessment methods in its curriculum to measure and improve student learning and provide

meaningful feedback to students. ABA Standard 314, Assessment of Student Learning.

Formative and summative assessment is defined in ABA Standard Interpretation 314-1.

Flexibility in determining assessment methods is explained in ABA Standard Interpretation

314-2.

The Law School conducts ongoing evaluation of the program of legal education, learning

outcomes, and assessment methods, and uses the results of this evaluation to determine the

degree of student attainment of competency in the learning outcomes and make appropriate

changes to improve the curriculum.

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Section 1.29 Law-Related Public Service Activities

(a) The Law School provides students substantial opportunities to law-related public service

activities in accordance with ABA Standard 303(b)(2).

(b) According to ABA Standard Interpretation 303-4, “law-related public service activities include (i)

helping groups or organizations seeking to secure or protect civil rights, civil liberties, or public

rights; (ii) helping charitable, religious, civic, community, governmental, and educational

organizations not able to afford legal representation; (iii) participating in activities providing

information about justice, the law or the legal system to those who might not otherwise have

such information; and (iv) engaging in activities to enhance the capacity of the law and legal

institutions to do justice.”

Section 1.30 Pro Bono Service Requirements

(a) Required Hours. Pro Bono service is a graduation requirement for all Law School J.D. students.

Except for transfer students, law students who enroll in the Law School must complete 60 hours

of Pro Bono service prior to graduation.

Full Time transfer students must complete a total of

10 hours of Pro Bono service for every semester enrolled in the Law School. Part Time transfer

students must complete a total of 10 hours of Pro Bono service for every 15 credits taken at the

Law School. Students who are required to participate in training at their pro bono site may

claim up to 1 hour of training for every 5 hours of pro bono work, up to 10 hours of training

towards their pro bono requirement. Students who are required to complete 60 hours may claim

up to 10 hours of required training towards their pro bono requirement. The same ratio will

apply to transfer students.

(b) Timing of Pro Bono Service. The Pro Bono requirement may be fulfilled during one or more

semesters, summer session, and during the winter, spring, and summer recesses. First-year law

students may receive credit only for Pro Bono service performed after completing first-semester

exams.

service opportunities with qualified supervisors and for the timely submission of required

documentation, including registration forms, time sheets, student evaluations, and supervisor

evaluations. Students are required to maintain their own copies of all paperwork submitted. Pro

Bono service must be approved by the Pro Bono Program Administrator. To confirm that the

placement will be approved, students are encouraged to seek approval in advance of

commencement of their Pro Bono service.

(d) Deadline. Failure to meet the Pro Bono requirement prior to the end of the student’s terminal

semester will result in a failure to graduate. The deadline for graduating students to complete

their Pro Bono requirements, including submission of all required documentation, is the last

scheduled day of classes of the semester of graduation or the designated date. A student

requesting an extension of the Pro Bono deadline must file, through the Pro Bono Program

Administrator and the Associate Dean for Student Services, a written petition to the faculty

demonstrating extraordinary circumstances.

(e) Types of Service. Pro Bono service may be fulfilled with one or more approved agencies,

individuals, organizations, or projects. Students are encouraged to perform at least 20 hours of

Pro Bono service with an organization receiving funding from the State of Hawaiʻi Judiciary’s

Indigent Legal Assistance Fund or with an attorney or organization providing similar legal

services to indigent clients in Hawaiʻi or in another jurisdiction. According to ABA Standard

Pursuant to ABA Standard 303, Interpretation 303-3, law schools are encouraged to promote opportunities for

students to complete at least 50 hours of pro bono service, which the Law School Pro Bono program already exceeds.

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303, Interpretation 303-3, law schools are encouraged to follow the definition of “pro bono legal

services” provided under Rule 6.1 of the ABA Model Rules of Professional Conduct, which

involve services “primarily to persons of limited means or to organizations that serve such

persons.”

(f) Ground Rules, Professional Responsibility, Confidentiality

a) Students participating in the Law School Pro Bono Program are not covered by the

Rules of the Hawaiʻi State Supreme Court, thus they may not give legal advice, or make

formal appearances in court or otherwise engage in the practice of law. The Code of

Professional Responsibility applies because students are working under the supervision

of a licensed attorney. Hawaiʻi’s Rule of Professional Conduct 1.6 expressly states that a

lawyer and those working for the lawyer may not reveal information relating to

representation of a client unless the client consents or the disclosure is otherwise

permitted. Violation of this rule risks revocation of the attorney’s license to practice

law. A law student violating this rule risks not being licensed.

b) Pro Bono service must be uncompensated and must not be service done in fulfillment of

a requirement for academic credit, and must be service for which the supervisor charges

no fee, a substantially reduced fee, or is working on behalf of a non-profit, public

interest or government organization.

c) Pro Bono service must be supervised by an attorney, a Law School faculty member, or

another qualified supervisor licensed to practice law in the jurisdiction approved in

advance by the Pro Bono Program Administrator. Law students are not authorized to

act as supervisors.

(g) For more detailed information about Pro Bono service requirements, visit the Law School

website: https://www.law.hawaii.edu/pro-bono-program.

Section 1.31 Character and Fitness for the Bar

(a) A student is responsible to determine and be familiar with the character, fitness, and other

qualifications for admission to the Bar. If a student seeks to take a bar in a state other than

Hawai‘i, the student is responsible for obtaining all relevant information and following the

appropriate character and fitness requirements for that bar.

(b) A student has a continuing duty to update the Law School on any incident or event that may

adversely impact a student’s character and fitness or qualification for admission to the Bar,

regardless of whether the incident or event occurred before or after admission to Law School.

Law School may be required to disclose a student’s academic or disciplinary record to other

institutions or state Bar Examiners.

Section 1.32 Privacy Rights

(a) The following Family Educational Rights and Privacy Act (FERPA) guidelines are set forth by

the University of Hawaiʻi at Mānoa. For the most up-to-date information regarding FERPA

guidelines, visit http://manoa.hawaii.edu/records/policies.html

(b) The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with

respect to their education records:

(i) The right to inspect and review the student’s education records within 45 days of the

day the University receives a request for access

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Students should submit to the registrar, dean, head of the academic department, or other

appropriate official written requests that identify the record(s) they wish to inspect. The

University official will make arrangements for access and notify the student of the time

and place where the records may be inspected. If the records are not maintained by the

University official to whom the request was submitted, that official shall advise the

student of the correct official to whom the request should be addressed.

(ii) The right to request the amendment of the student’s education records which the

student believes are inaccurate or misleading.

Students may ask the University to amend a record that they believe is inaccurate or

misleading. They should write to the university official responsible for the record,

clearly identify the part of the record they want changed, and specify why it is inaccurate

or misleading.

If the University decides not to amend the record as requested by the student, the

University will notify the student of the decision and advise the student of his or her

right to a hearing regarding the request for amendment. Additional information

regarding the hearing procedures will be provided to the student when notified of the

right to a hearing.

(iii) The right to consent to disclosures of personally identifiable information contained in

the student’s education records, except to the extent that FERPA authorizes disclosure

without consent.

One exception that permits disclosure without consent is disclosure to school officials

with legitimate educational interests. A school official is a person employed by the

University in an administrative, supervisory, academic or research, or support staff

position (including law enforcement unit personnel and health staff); a person or

company with whom the University has contracted (such as an attorney, auditor, or

collection agent); a person serving on the Board of Trustees; or a student serving on an

official committee, such as a disciplinary or grievance committee, or assisting another

school official in performing his or her tasks.

A school official has a legitimate educational interest if the official needs to review an

education record in order to fulfill his or her professional responsibility.

(iv) The right to file a complaint with the U.S. Department of Education concerning alleged

failures by the University to comply with the requirements of FERPA.

FERPA is administered by:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-8520

(v) Directory Information. Students are advised that the following personally identifiable

information is considered by the University to be Directory Information and, in

response to public inquiry, may be disclosed without prior consent of the student unless

the student otherwise so informs the University not to disclose such information:

• Name of student

• Local address and zip code

• Local telephone number

• Email address

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• Major field of study

• Educational level (i.e., first-year, second-year, third-year)

• Dates of attendance

• Enrollment status (full time or part time)

• Degrees and awards received

• Most recent educational institution attended

• Fact of participation in officially recognized activities and sports

• Weight and height of members of athletic teams

A student has the right to request that all of the above items not be designated Directory

Information with respect to that student. Should a student wish to exercise this right, he

or she must in person and in writing, not earlier than the first day of instruction nor later

than 14 calendar days from the first day of instruction for the academic term or semester

or the fourth day of a summer session, inform each Campus Registrar of each campus

he or she is attending which of the above items are not to be disclosed without the prior

consent of that student. At UH Mānoa, report to the Office of Admissions, Queen

Liliʻuokalani Center for Student Services Room 001, to make this request.

Note: Submission of this FERPA nondisclosure of directory information request does

not automatically remove students from the UH Directory of email addresses, which is

accessible only to those with valid UH email accounts.

To remove yourself from the UH Online Directory:

• Log in to MyUH at https://myuh.hawaii.edu

• Select the My Profile tab

• Look for UH Online Directory, Options for Students, select Opt-out

Students are advised that institutional policy and procedures required under FERPA

have been published as Administrative Procedure A7.022 Procedures Relating to

Protection of the Educational Rights and Privacy of Students. Copies of Administrative

Procedure A7.022 may be obtained from the Office of the Vice Chancellor for Students.

Visit the Student Affairs website, http://studentaffairs.manoa.hawaii.edu/ for more

information.

Parents and/or spouses, and third parties, are advised that information contained in

educational records, except as may be determined to be Directory Information, will not

be disclosed without the prior written consent of the student.

Section 1.33 Law School Policy Regarding Directory Information

(a) The Law School policy is that any requests regarding directory information for law students shall

be directed to the Law School Registrar. Faculty and/or other staff members shall not release

directory information.

(b) The Law School has adopted stricter restrictions related to public inquiries for information, and

will disclose only the following information without prior consent of a student unless a student

otherwise so informs the University not to disclose such information:

• Name of student

• Dates of attendance

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• Enrollment status (full time or part time)

• Degrees and awards received

graduated with the Alumni Association unless the student informs the University according to

Section 1.29(b)(v) above.

(d) The individual or group photos of law students, and video of Law School events, may be

posted for public viewing without prior consent of the student unless the student otherwise

so informs the Law School not to disclose the information.

Section 1.34 University of Hawaiʻi (UH) Email

(a) Important information from the University and Law School will be sent through a student’s UH

email account (UH [email protected]). Emails sent through a student’s UH email account

are considered an official channel of communication by the University. Therefore, it is the

student’s responsibility to check his or her UH email on a regular basis.

Section 1.35 Record of Academic Performance

(a) Without written consent of the current or former student, any evaluation of academic

performance of the current or former student shall not be disclosed to any person who is not an

employee of the University acting in an official capacity. Provisions of the Family Educational

Rights and Privacy Act (FERPA 20 U.S.C. § 1232g; 34 CFR Part 99) shall govern the handling

of student records.

(b) Information about a current or former student’s academic record (including course grades and

GPA) will not be shared with a student or a third party over the telephone or by email unless

authorized by the Law School Registrar.

School, with photo I.D., and by completing a written request to review his or her record.

Section 1.36 Amendments

(a) The Law School faculty may periodically modify these regulations, which shall be binding on all

students from the date of publication.

(b) However, any amendments regarding credit and cumulative GPA requirements for graduation

shall not apply to the prejudice of any student enrolled in the Law School prior to the

publication, with the exception of students who have taken a leave of absence from the Law

School. All amendments made to these regulations during a student’s leave of absence,

including amendments regarding credit and cumulative GPA requirement for graduation, will

apply to the student when the student returns to the Law School after a leave of absence.

Section 1.37 Appeal

Any decisions pursuant to these regulations made by the Registrar, Associate Dean for Academic Affairs,

or the Associate Dean for Student Services may be appealed to the Dean by submitting a written

petition. The Dean may make a decision or refer the appeal to the full faculty. If there is such a referral,

the faculty will hear the appeal at a regularly scheduled faculty meeting, with or without an appearance by

the student involved, at the discretion of the full faculty.

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Section 1.38 Student Complaints Implicating Compliance with ABA Standards

In accordance with ABA Standard 510, the Law School policy for addressing student complaints

implicating compliance with ABA Standards is as follows:

(a) A law student may file a written complaint that notifies the Law School of a significant problem

that directly implicates the Law School’s compliance with ABA Standards.

(b) A complaint must be filed with the Associate Dean of Academic Affairs promptly and, in any

event, no later than thirty days after the end of the semester during which the alleged violation

occurred. The complaint shall contain: a summary of the factual allegations and any supporting

documents (indicating specific times, dates, and witnesses, with contact information), specific

reference to the implicated ABA Standards, a statement of the “significance” of the allegation,

and the requested remedial action.

review, (ii) may conduct an independent investigation including meeting with the student

complainant and witnesses, gathering additional factual information from available records, (iii)

determine if the allegations in the complaint demonstrate a “significant” violation of ABA

Standards, and (iv) and will inform the student complainant of the resolution of the complaint

within sixty days of receipt.

(d) If the student complainant decides to appeal the decision of the Associate Dean, a formal

appeal may be filed with the Dean within fifteen calendar days of the decision. The Dean may

grant or deny the appeal and exercise her or his discretion to refer the matter for decision or for

information only to the faculty at the next regularly scheduled faculty meeting. The Dean or

the faculty may invite the student complainant to meet or appear to discuss the allegations and

resolution. A student who is not satisfied with the results of the final decision of the Law

School may contact the ABA for further information.

(e) Any complaint filed by a student submitted during the most recent accreditation period,

implicating the ABA Standards and its resolution, shall be maintained as a record in the office

of the Associate Dean for Student Services.

Section 1.39 Recording of Classes

No recording of classes is allowed without the permission of the instructor unless the recording is

required by KOKUA as part of an accommodation or is approved by the Associate Dean for Student

Services and for students who are absent for an extended period of time due to an excused absence

pursuant to Section 1.18.

See ABA Standard 510, Interpretation 510-1.

Article II. Supplemental Regulations for Evening Part Time Program

The Academic Regulations for the J.D. Program apply to all Part Time Students and are incorporated

herein by reference. These supplemental regulations are specifically for students enrolled in the Evening

Part Time Program. In the event of a conflict between the two sets of academic regulations, the

Academic Regulations for the Part Time Program shall control.

Section 2.01 Program of Study

(a) A regular semester course load for a part time student is 9 to 11 credits.

(b) On a showing of good cause and with prior written approval of the Law School Registrar, a

student enrolled in the Evening Part Time Program in good academic standing may enroll in 12

credits a semester. A student taking 12 credits a semester will be classified by the University as a

full time student for financial aid purposes. Any reduction in credits will result in a change in

financial aid for the student and may result in a change in support, such as military benefits.

Part Time Program may enroll in less than 9 credits in a semester. Any reduction below 9 credits

will result in a change in financial aid for the student.

(d) To remain enrolled and in good academic standing, a student enrolled in the Evening Part Time

Program must register for at least 6 credits and complete at least 3 of those credits.

(e) A student enrolled in the Evening Part Time Program may not take elective courses, except

January Term courses, until the completion of his or her first academic year at the Law School.

(f) A student enrolled in the Evening Part Time Program may enroll in one January Term course

during his or her first academic year at the Law School. A student enrolled in the Evening Part

Time Program may enroll in up to two January Term courses in subsequent academic years.

(g) A student enrolled in the Evening Part Time Program may enroll in an Externship (Field

Placement) after completion of 19 credit hours that demonstrate “sufficient prerequisites or

contemporaneous[] sufficient training to assure the quality of the student’s educational

experience in the field placement program.” ABA Standard 305(e)(6).

(h) A student enrolled in the Evening Part Time Program can receive credit for Pro Bono Services

after completion of all academic work for his or her first semester of Law School.

(i) After completion of all required courses in the first two academic years of the part time

curriculum and with prior written approval of the Associate Dean for Student Services, a student

enrolled in the Evening Part Time Program in good academic standing may transition to the Full

Time Program.

(j) A student enrolled in the Evening Part Time Program will be ranked with Full Time first-year

students upon completion of 30 credits. A student enrolled in the Part Time program with 30 to

59 credits will be ranked with Full Time second-year students. A student enrolled in the Part

Time program with 60 or more credits will be ranked with Full Time third-year students.

Quintiles are calculated by the Law School Registrar for all law students each semester.

Numerical ranking of all law students in the top quintile only is calculated by the Law School

Registrar once a year, after the completion of the Spring semester.

See ABA Standard 305(e)(6).

Article III. Supplemental Regulations for Advanced J.D. Program

Section 3.01 Program of Study

(a) Students admitted to the Advanced J.D. (AJD) program may request the transfer of up to 29

credits from their foreign law study if the content of the studies was such that credit would have

been granted towards satisfaction of JD degree requirements at the Law School. Credit granted

shall be commensurate with the time and effort required and the quality of the educational

experience of the student. In consultation with the faculty advisor for the AJD program, the

Associate Dean for Academic Affairs shall determine which courses will be accepted and the

number of credits to be transferred from the student’s foreign law study.

(b) The student’s prior cumulative grade point average may not be used in computing the student’s

Law School cumulative GPA for any purpose, including graduation and eligibility to continue to

enroll. A grade of “Credit” will be used for all transferred credits.

total required at the Law School. No credit will be transferred from an LL.M degree earned at

another American institution.

(d) A minimum of 60 credits must be taken at the Law School. AJD students must take first-year

required courses for a letter grade and will not receive advisory grades.

(e) A student admitted as an AJD student must satisfy all Law School academic course requirements

as determined by the Associate Dean for Academic Affairs.

(f) AJD students must complete 6 credits of EXL coursework to graduate, which may include 2

credits of Externship (Field Placement) credits.

(g) Students admitted to the AJD program must complete a total of 10 hours of pro bono service

for every semester they are enrolled in the Law School.

(h) All requirements for the JD degree must be completed no earlier than 24 months and no later

than 84 months after a student has commenced law study at the Law School or a law school

from which the school has accepted transfer credit. If a year of transfer credit is granted toward

the J.D. degree, the student has only 72 months to complete law school in the United States.

(i) If the student's instruction in the home country was not in English and the student has

previously studied in the United States or another English speaking country for less than two

years, extra time may be granted for the completion of an in-class exam and a dictionary may be

used for the first year of study at the Law School, in accordance with the exam procedures

established by the Registrar or Associate Dean for Student Services.

ABA Standards Interpretation 311-3.

Article IV. Supplemental Regulations for LL.M. Program

Academic Regulations for the J.D. Program (with the exception of the Ulu Lehua Scholars and Evening

Part Time Program regulations) apply to LL.M. students. In the event of a conflict, the Supplement

Academic Regulations for the LL.M. Program shall control.

Section 4.01 Requirements for the Master of Laws (LL.M.) Degree

(a) Full time study in the Law School for two academic semesters.

(i) To be considered “Full Time” for Law School enrollment purposes, students must

Withdrawal from a course prior to the completion of the semester that causes the

student to fall below 12 credits will result in failure to be considered “full time.” Under

extraordinary circumstances and with prior written permission of the LL.M. Director

and the Law School Registrar, a student may register for as few as 10 credits and still be

considered full time for that semester, provided the student receives a passing grade for

at least 9 of those credits.

(ii) Students may take more than 12 credits each semester; if they wish to enroll in more

than 16 credits during one semester, they must have the written permission of the LL.M.

faculty advisor.

(b) A minimum of 24 credit hours or more earned over the two semesters.

option; and a cumulative grade point average of 2.0 or better in at least 24 credits for students

who opt for the A-F/letter grading option.

(d) Satisfactory completion of the course “Introduction to American Law.” Students who have a

U.S. J.D. are exempt from this requirement.

(e) All outstanding obligations to the Law School and/or the University, such as emergency student

loans, any keys, parking fines, and borrowed library books must be satisfied before graduation.

Section 4.02 Courses

(a) Students are required to complete the course on “Introduction to American Law,” which is

offered on a Credit/No Credit basis for all LL.M. students. Students who have a U.S. J.D. are

exempt from this requirement.

(b) With the exception of certain limited-enrollment and legal writing or clinical/skills (EXL)

courses, LL.M. students may enroll in any course offered at the Law School, subject to the

approval of the LL.M. faculty advisor. Students may enroll in limited-enrollment courses with

the permission of the faculty member or after successfully participating in a course lottery for

LL.M. students in the Fall or Spring semester. LL.M. students are not permitted to practice law

under the Hawaiʻi Supreme Court student practice rule.

prerequisites or courses that the faculty member agrees are equivalent to the prerequisites.

(d) LL.M. students are not required to enroll in first-year courses, but they may choose to do so.

LL.M. students may not enroll in Lawyering Fundamentals or Second-Year Seminar unless they

have a U.S. J.D. With the permission of the LL.M. faculty advisor and the faculty member, they

may enroll in only one semester of a full-year course.

(e) LL.M. students may in their second semester earn up to two credits for participating in an

approved externship in Honolulu. LL.M. students are responsible for obtaining their own

placement approved by the Externship Director. All externships are graded on a Credit/No

Credit basis.

(f) LL.M. students may also enroll in a Directed Study, LAW 576, with a member of the Law

School faculty. Any directed study course must be approved by both the LL.M. faculty advisor

and the individual faculty member. Credit for directed study shall be limited to 3 credit hours.

Only one directed study course may be taken in any semester.

(g) With the permission of the LL.M. faculty advisor, LL.M students may enroll in graduate courses

(600 level or above) outside the Law School. Up to 6 credit hours may be credited towards the

minimum number of credits required for an LL.M. degree.

(h) With the permission of the professor, LL.M. students may also audit courses. Audited courses

appear on the transcript but do not count towards the required minimum credits.

Section 4.03 Grades

(a) LL.M. students will be graded in all academic work carried for credit with the grading option of

Credit or No Credit unless they obtain approval from the LL.M. faculty advisor to choose the A-

F letter grading option. LL.M. students must receive a grade of Credit in a minimum of 24

credits. No GPA will be calculated for courses taken for Credit/No Credit.

(b) LL.M. students must elect their grading option when they register for courses at the beginning of

each semester. LL.M. students may change their grading option only with the consent of the

LL.M. faculty advisor; no change in grading option may be made after October 15 for the fall

semester and after March 15 for the spring semester.

scale of “A+” through “F” as set out in the academic regulations for J.D. students. LL.M.

students who elect the A-F grading option must maintain a 2.0 or better GPA in a minimum of

24 credits.

(d) LL.M. students will not be ranked.

(e) LL.M. students must elect their grading option when they register for courses at the beginning of

each semester. LL.M. students may change their grading option only with the consent of the

LL.M. faculty advisor; no change in grading option may be made after October 15 for the fall

semester and after March 15 for the spring semester.

(f) “No Credit” grades shall not count toward full-time status requirements and shall not count in

the credit hours required for graduation.

(g) LL.M. students who are contemplating pursuing a certificate outside the Law School should

consult with the relevant department or program about the grading policy, as Credit/No Credit

grades may not count towards the course requirements in that program or department.

Section 4.04 Eligibility to Continue

(a) A student on the Credit/No Credit grading option who receives more than 3 but less than 6

credits of “No Credit” shall be allowed to continue in the LL.M. Program but may be placed on

academic probation. A student who has been placed on academic probation in the first semester

of the program must receive grades of “Credit” in all courses taken during the second semester.

(b) LL.M. students who have chosen the Credit/No Credit grading option shall not be eligible to

continue in residence if they receive a grade of “No Credit” for 6 or more credits, and shall be

dismissed from the program.

2.00 but greater than 1.59 shall be allowed to continue in the LL.M. Program but may be placed

on academic probation.

(d) LL.M. students who have chosen the A-F grading option shall not be eligible to continue to

enroll beyond the end of the semester after which their cumulative average falls below 1.60, and

shall be dismissed from the program.

(e) A student who substantially completes the LL.M. requirements may for good cause petition the

Petitions Committee, through the LL.M. Faculty Advisor and the Associate Dean for Academic

Affairs, to complete the remaining credit or GPA requirements by an alternative exam, work

product, or additional coursework.

The rules in this section may be waived by the Petitions Committee, at their sole discretion, upon

petition by a student showing cause why they should be waived.

Section 4.05 Exams

(a) Exam procedures as established by the Law School Registrar and Associate Dean for Student

Services are incorporated by reference.

(b) If the student's instruction in the home country was not in English and the student has

previously studied in the United States or another English speaking country for less than two

years, extra time may be granted for the completion of an in-class exam and a dictionary may be

used for the first year of study at the Law School, in accordance with the exam procedures

established by the Registrar or Associate Dean for Student Services.

Section 4.06 Withdrawal from Courses

(a) During the Law School’s drop/add period, LL.M. students may freely withdraw from any

elective course, but should consider how it affects their semester of full time study. From that

time until the date set by the University as the last day for restricted withdrawal, a student must

have written permission from the Associate Dean for Student Services to withdraw. After that

date, no withdrawals are permitted except under unusual circumstances beyond the student’s

control.

Section 4.07 Part Time Employment

(a) The Law School strongly discourages LL.M. students, other than LL.M. students with a U.S.

J.D., from taking any employment during the school term. Because of the demands placed on

LL.M. students during their one year of LL.M. study, their learning and academic progress may

be seriously compromised by the distractions employment is likely to bring.

(b) Any employment, other than for LL.M. students with a U.S. J.D., must be approved by the

LL.M. Director and Associate Dean for Student Services and must otherwise be legally allowed

under the student’s legal visa status, and under no circumstances may any LL.M. student engage

in work for more than 20 hours per week during school terms. Those who violate this policy

may be held accountable under the Academic Regulations. LL.M. students should also be

advised that the need to work may not be raised as a justifying factor in the process of appealing

academic actions or as a defense for failing to meet academic deadlines or attendance

requirements.

Section 4.08 Richardson LL.M. Students Applying to Transfer to the Richardson J.D.

Program

(a) Qualified students who are currently enrolled in the Law School’s LL.M. program, other than

students with a U.S. J.D., may apply to the J.D. program as transfer students without additional

testing if they meet the requirements set forth below:

(i) LL.M. students who plan to apply to the J.D. program are strongly encouraged to

discuss their interest in applying with the LL.M. faculty advisor before applying to

transfer to the J.D. program.

(ii) LL.M. students applying to transfer to the J.D. program must elect the standard J.D. A-

F grading option for all their Spring semester courses. Permission to select the A-F

grading option during the Spring semester will be granted only when final Fall semester

results are available and reviewed by the LL.M. faculty advisor.

(iii) With express approval from the LL.M. faculty advisor, LL.M. students may also be

permitted to select the A-F grading option for their Fall semester courses, with the

exception of Introduction to American Law.

(iv) LL.M. students who wish to apply to transfer to the J.D. Program must complete the

U.S. legal writing and research course offered to LL.M. students during their LL.M. year.

(v) LL.M. transfer applications must be submitted to the Director of Admissions no later

than the Fall Transfer/Visitor deadline in the year in which the applicant wishes to

transfer to the J.D. program. Except in extraordinary circumstances, a student wishing

to transfer to the J.D. program under this provision must apply

to do so as a current LL.M. student at the Law School.

(vi) All LL.M.-to-J.D. transfer applications must contain the following:

a) The application form, transcripts, personal statement, and letters of reference

contained in their LL.M. files, which will be made directly available to the

Admissions Committee;

b) A new personal statement, which may take the form of a letter addressed to the

Director of Admissions, describing the applicant’s background and interests and

setting forth the reasons for applying to transfer to the J.D. program;

c) An updated CV that includes any work or other experience as well as the applicant’s

educational background;

d) The applicant’s grades from at least one semester of study at the Law School or, if

available, both semesters of study. Grades from the Spring semester will be

transmitted by the Law School Registrar directly to the Director of Admissions as

soon as they are posted;

e) Letters of recommendation from two Law School professors evaluating the

applicant’s course of study at the Law School; and

f) An assessment of the student’s writing ability from the student’s legal writing

instructor if requested by the Admissions Committee.

(b) LL.M.-to-J.D. transfer applicants do not need to complete the online Transfer/Visitor

application on LSAC.org, or pay an application fee.

summer when it meets to consider transfer applications. The Committee’s decision will be

based upon the applicant’s experience and credentials, academic performance at the Law School,

and potential to contribute to the Law School and legal community.

(d) Ordinarily, no decision on admission will be made until the applicant’s grades from the Spring

semester have been reported and made available to the Admissions Committee. In exceptional

circumstances (e.g., the applicant is being considered for a fellowship), the Committee may be

willing to consider an application before Spring semester grades have been reported, but only if

the applicant has elected the A-F/letter grading option for Fall semester courses. Any offer of

admission made without Spring grades will be contingent upon the student’s remaining in good

academic standing through that semester.

(e) Successful applicants will be permitted to transfer credits for any Law School course taken for

A-F/letter grades and apply those credits towards the requirements for the J.D. degree. No

credits from courses taken for Credit/No Credit basis may be applied towards the credit

requirements of the J.D. degree, unless the standard J.D. assessment for those courses is made

on a Credit/No Credit basis.

(f) Successful applicants may also be permitted to transfer additional credits for courses completed

at a law school outside the United States if the Law School would have granted credit towards

satisfaction of the J.D. degree requirements if those credits had been earned at the Law School.

(g) Students requesting credit for foreign law study must make that request at the time of

application to transfer to the J.D. program. The Law School will determine the appropriate

transfer credit after the student has been admitted.

(h) The total credits accepted for transfer may not exceed one-third of the total required by the Law

School for the J.D. degree.

(i) The student’s prior grades from the Law School’s LL.M. program may not be used in computing

the student’s Law School J.D. cumulative GPA. The Law School transcript will include all

courses and grades from the student’s LL.M and J.D. programs.

(j) If English is not the student’s first language and the student has only previously studied in the

United States or another English-speaking country for less than a year, extra time may be granted

for the completion of an in-class exam and a dictionary may be used for the first year of the J.D.

program in accordance with the exam procedures established by the Law School Registrar and

Associate Dean for Student Services.

Article V. Supplemental Regulations for S.J.D. Program

The Academic Regulations for the J.D. Program (with the exception of the Ulu Lehua Scholars and

Evening Part Time Program requirements) apply to S.J.D. students. In the event of a conflict, the

Supplement Academic Regulations for the S.J.D. Program shall control.

Section 5.01 Program of Study

(a) The Doctor of Juridical Science (S.J.D.) degree is an advanced legal degree with a focus on

original research and scholarship under faculty supervision. Successful candidates for the degree

must produce a work of publishable scholarship that makes a unique contribution to the legal

scholarly literature. A student enrolled in the Program must have earned a J.D. degree from an

American law school or an LL.M degree from the U.S. or another common law country after

earning his or her first law degree.

Section 5.02 Requirements for the Doctor of Juridical Science (S.J.D.) Degree

(a) S.J.D. faculty advisor.

(i) A full member of the law faculty must consent to act as an S.J.D. faculty advisor at the

time of the student’s admission to the Program. The S.J.D. committee will seek an

advisor based on the applicant’s area of interest and, if no suitable advisor is available,

admission will be declined.

(ii) Dissertation advisors will review the progress of each student at the end of each

semester and will update the student’s file.

(iii) At the end of each academic year, the S.J.D. faculty advisor will report to the S.J.D.

committee on the progress of each student towards completion of the dissertation. If the

S.J.D faculty advisor finds the student’s progress unsatisfactory, the S.J.D. committee shall make a

decision on the advancement of the SJD candidate

based on the recommendation of the S.J.D faculty

advisor.

(iv) In the event an S.J.D. faculty advisor determines that she or he is no longer able to

advise the candidate, the faculty advisor shall notify the S.J.D. committee at least six

months in advance and the committee will designate a new S.J.D. faculty advisor who is

also approved by the student. If a new faculty advisor is not available, the S.J.D.

candidate’s enrollment shall be discontinued from the program, and the student may

request reimbursement of tuition for the semester during which no advisor is designated.

(b) A minimum of one year in residence enrollment.

(i) A student must be in residence during the first year of the S.J.D. Program for at least

two academic semesters. After completing the first-year S.J.D. coursework and

submitting the dissertation proposal, the student may remain in residence or may request

permission to continue studies remotely. A student who wishes to study remotely must

seek written permission from the S.J.D. faculty advisor and the Law Registrar at least

eight weeks in advance of the beginning of the proposed remote semester.

(i) A student must enroll in the S.J.D. Seminar and in directed research courses during the

first year. An S.J.D. student is expected to submit a successful proposal and outline of

the dissertation at the end of the first year. Under extraordinary circumstances and with

prior written permission of the S.J.D. Program Director, a student may petition to

extend the deadline for the proposal to the end of the summer session.

(d) A minimum of 16 credit hours earned during the first year.

(i) An S.J.D. student must enroll in 8 credit hours each semester during the student’s first

year in the Program. A student who wishes to enroll in more or less than 8 credits per

semester must have the written permission of the S.J.D. faculty advisor. S.J.D. students

will be graded on an A-F basis in each course taken for credit. The student must receive

a passing grade in all courses.

(ii) To be considered “Full Time” for University enrollment purposes, an S.J.D. student

must register for at least 8 credits each academic semester. Withdrawal from a course

prior to the completion of a semester that causes the student to fall below 8 credits will

result in failure to be considered “full time” and may affect visa eligibility.

(iii) With the exception of certain limited-enrollment courses, an S.J.D. student may enroll in

all courses offered at the Law School, subject to the approval of the S.J.D. faculty

advisor. The focus of the S.J.D. degree is research toward a doctoral dissertation; thus a

student is discouraged from enrolling in heavy course loads.

(iv) With the approval of the S.J.D. faculty advisor, a student may enroll in no more than

three credits per semester in classes within other units of the University of Hawaiʻi.

Courses outside the Law School do not count toward the S.J.D. requirements and

should be taken on a credit, no credit basis.

(v) If the S.J.D. committee determines that an S.J.D. candidate cannot fulfill the S.J.D.

degree requirements, the student shall be dismissed from the S.J.D. Program effective at

the end of the semester of which the committee made the determination.

(e) Grade point average requirement

(i) A S.J.D. student must maintain a grade point average of 3.0 or higher to maintain good

academic standing. Grades in courses outside the Law School will not count in

calculating the grade point average.

(f) A minimum of two semesters of LSJD 500 Dissertation course.

(i) After completing the required first-year curriculum, students must enroll in the LSJD

500 SJD Dissertation course each semester, for no less than two semesters, until

completion of the degree. This one-credit dissertation course meets University

requirements for full-time enrollment. Students may enroll in additional courses at the

Law School with written permission of the S.J.D. faculty advisor.

(g) Successful completion of the dissertation of publishable quality.

(i) The student must successfully complete a dissertation of publishable quality and must be

approved by the S.J.D. advisor and committee.

(h) A minimum of 18 but not more than 27 credit hours in total.

(i) Research and completion of the dissertation is the core of the S.J.D. degree. Unlike

other law programs, the course work will not be the key determining factor for the

successful completion of the program. The goal of the program is to support S.J.D.

students to finish their dissertations as early as possible.

(i) All outstanding obligations to the Law School and/or the University, such as emergency student

loans, keys, parking fines, and borrowed library books must be satisfied before graduation.

Section 5.03 Formation of the S.J.D. dissertation committee.

(a) A S.J.D. student must initiate the formation of the dissertation committee in the spring semester

of the first year by making a written request to an S.J.D. faculty advisor. The dissertation

committee must be comprised of the S.J.D. faculty advisor and one other full member of the law

faculty. Under special circumstances, the second member may be from a non-law University of

Hawaiʻi department in the field related to the dissertation topic, subject to the approval of the

S.J.D. faculty advisor.

(b) The dissertation committee should be formed before the start of the second year; the deadline

may be extended at the discretion of the faculty advisor.

serve on the dissertation committee.

Section 5.04 Term for completion of Program

(a) The expected length of the Program is three, and no less than two, years. An S.J.D. student will

have a maximum of five years to submit a dissertation and apply for a degree, after which the

student must petition to be reinstated and to submit a completed dissertation.

Section 5.05 Non-academic commitments

(a) While in residence, an S.J.D. student will be expected to concentrate on the student’s own

research and writing and will not be permitted to serve as a research or teaching assistant to Law

School faculty members or programs, or to participate in for-credit curricular activities such as

moot court or law journals.

Section 5.06 Exams

(a) S.J.D. students will not be ranked.

(b) “No Credit” grades shall not count toward full-time status requirements and shall not count in

the credit hours required for graduation.

previously studied in the United States or another English-speaking country for less than two

years, extra time may be granted for the completion of an in-class exam and a dictionary may be

used for the first year of study at the Law School, in accordance with the exam procedures

established by the Law Registrar or Associate Dean for Student Services.

Article VI. Disciplinary Regulations

Section 6.01 Disciplinary Action

(a) Policies. All Law School students are subject both to the University of Hawaiʻi Student Conduct

Code (UH-SCC), and to the William S. Richardson Law School Student Handbook (WSRSL-

SH) policies, rules, and Disciplinary Regulations. The UH-SCC is available through the

University of Hawaiʻi at Mānoa Office of Student Affairs website:

http://studentaffairs.manoa.hawaii.edu/policies/conduct_code/

; the WSRSL-SH is available on

the Law School website: www.law.hawaii.edu/studenthandbook.

(b) Scope. The Law School disciplinary actions governed by these regulations include the following

conduct:

(i) Conduct in violation of UH-SCC;

(ii) Conduct in violation of WSRSL-SH policies, rules, or Disciplinary Regulations;

(iii) Conduct in violation of State or Federal law; and

(iv) Other conduct not commensurate with professional standards of conduct required of

lawyers, including, but not limited to, the Hawaiʻi

Rules of Professional Conduct.

(i) Students visiting at another law school;

(ii) Students visiting the Law School from other schools; and

(iii) Transfer students.

(d) The Law School policies, rules, and Disciplinary Regulation also apply to non-law students

taking Law School classes and may be enforced by the Law School against non-law students

and/or referred to the University’s Vice Chancellor for Students, Office of Judicial Affairs.

Section 6.02 Disciplinary Violations

(a) Disciplinary violations include actions, misconduct, or unprofessional conduct by Law School

students (including off-campus conduct), or non-law students taking Law School classes, that

violate UH-SCC or WSRSL-SH policies, rules, and regulations, or State and Federal law,

including, but not limited to:

(i) Willful or repeated failure to comply with UH or Law School policies, rules, or

regulations.

(ii) Interference with the rights of students, faculty, or staff, including, but not limited to,

the protection against unlawful discrimination, harassment, pornography, obscenity, and

defamation.

(iii) Disruption or impairment of Law School activities or operations involving conduct by

itself or in conjunction with the conduct of others when the student knew or reasonably

should have known that such disruption or impairment would occur.

(iv) Plagiarism on any work for any class or exam, including all written work, whether

preliminary or final form, and regardless of intent to commit plagiarism.

(v) Violation of rules for exams, including those established by the Law School, Law School

Registrar, or by the faculty member giving the exam, for any mid-term, interim, or final

exam, assignment, paper, or “take home” exam.

(vi) Failure to report any violation of these regulations when the student has reasonable

grounds to believe that such a violation has occurred.

(vii) Obstruction or prevention of the enforcement of these regulations or knowingly

providing false information to the Law School regarding a report or complaint.

(viii) Failure to cooperate with the Disciplinary Committee, including, but not limited to:

a) Failing to appear and testify without reasonable justification (excluding the student

defendant) or failing to produce requested documents or other evidentiary material;

b) Misrepresenting material facts before the Disciplinary Committee; or

c) Concealing or destroying evidence in order to hinder the prosecution of any

complaint.

(ix) Misrepresentation. “Misrepresentation” is defined as any act or omission that is

deceptive or misleading and by which a student gains or attempts to gain a benefit or

advantage (e.g., a better grade on an assignment, additional points on an exam, or

admission to an otherwise closed class) from the University, its faculty, staff, or students,

or persons dealing with the University. Examples of this violation include, but are not

limited to:

a) Forging or altering any University document, record, or instrument of identification;

b) Furnishing any person material information related to the student’s academic record,

a request for Law School discretionary action, or University or Law School activities

that the student knows is false or misleading.

(x) Interference with property. “Interference with property” is defined as any taking,

damaging, or destroying of the property of the University, the Law School, the Law

Library, or their faculty, staff, or students. Such property includes, but is not limited to,

materials in the Law School Library and any facilities, furnishings, or equipment.

Examples of this violation include, but are not limited to:

a) stealing, damaging, or destroying books, notes, computers, or other belongings;

b) stealing, damaging, hiding, or vandalizing library or teaching materials;

c) stealing, damaging, destroying, interfering with normal operations of, or otherwise

abusing computing or information technology resources including hardware,

software, systems, networks, and services;

d) unauthorized viewing of or entry into a document or file, to use, read, or change the

contents, or for any other unauthorized purpose;

e) unauthorized transfer or copying of a document or file;

f) unauthorized use of another individual’s identification, password, or email;

g) use of computing or other facilities to interfere with the work of any student, faculty,

or staff;

h) use of computing or other facilities to create, send, or willfully view or share

obscene, harassing, discriminatory, or abusive messages;

j) unauthorized use of email or email services, or copying, facsimile, media, or phone

equipment (including voicemail); or

k) defacing, stealing, damaging, destroying, or otherwise misusing University or Law

School property.

(xi) Cheating. “Cheating” is defined as giving, receiving, or using unauthorized assistance or

information before or during an exam or other oral or written assignment, or related to

other authorized Law School activity (e.g., moot court, law journals, student

government, or events) including, but not limited to:

a) Submitting another’s work as one’s own;

b) Fabricating or falsifying data in research:

c) Altering the record of any assessment, points, or grade;

d) Altering answers after an exam has been submitted;

e) Falsifying any official University or Law School record; or

f) Misrepresenting facts to obtain academic benefits or privileges such as exemptions

from course requirements.

(xi) Aiding and abetting. Any intentional act to aid or abet a violation of these regulations

shall be subject to disciplinary action.

(xii) Conflict of interest, financial or otherwise, in activities related to a course or the earning

of academic credit, whether inside or outside the classroom, unless fully disclosed and

approved in advance of the conflict of interest to the Associate Dean of Student

Services, such as: (a) any financial relationship interest, dealings, loss, or profit, or (b)

entering into any financial relationship with other students or the instructor related to

the course or its activities. Timely and transparent collection of minor funds or

reimbursement of class-related expenses does not normally present a conflict of interest

and does not require prior approval.

Section 6.03 Unprofessional Conduct

(a) General rule. Any Law School student who engages in unprofessional conduct with regard to

any matter, whether or not related to the UH-SCC or other WSRSL-SH policies, rules, or

regulations, including off-campus conduct, may be subject to disciplinary action pursuant to

these regulations. The Law School is required to report unprofessional conduct to bar

examiners.

(b) “Unprofessional conduct” is broadly defined as conduct that:

(i) involves illegal activity;

(ii) involves dishonesty, fraud, or deceit;

(iii) adversely reflects on the character or fitness of the student for admission to the bar;

(iv) violates the Law School Disciplinary Regulations; or

(v) would violate the Hawai‘i Rules of Professional Conduct or other standards of

professional ethics established for lawyers.

(i) Failure to comply with University or Law School policies, rules, or regulations relating to

student conduct and discipline whether or not such conduct also subjects the student to

University disciplinary action or other sanctions.

(ii) Conduct in violation of public law whether or not such conduct also subjects the

student to criminal, civil, administrative, or other sanctions. In making determinations

of conduct in violation of public law, the Law School may consider relevant opinions

and decisions by the State of Hawaiʻi Office of Disciplinary Counsel and other

analogous agencies in other states.

Section 6.04 Reporting of Allegations, Investigation, and Presentation of Charges

(a) Preservation of Anonymity and Confidentiality. Throughout all phases of any disciplinary

proceedings, subject to the needs of the Law School to conduct a reasonable investigation, to

consult with University or other authorities or experts, and to maintain academic policies and

procedures, all persons involved in allegations of misconduct or disciplinary proceedings shall

take reasonable steps to maintain the anonymity and confidentiality of the student(s), faculty,

staff, or other person making the allegations, the student(s) alleged to have committed the

misconduct or violated these regulations (“student defendant”), and information related to all

phases of the disciplinary proceedings.

(b) Allegations of Student Misconduct. A law student, faculty, or staff member alleging misconduct

by a law student shall communicate his or her concerns orally or in writing to the Law School

Dean or an Associate Dean at the earliest possible time. The Dean or Associate Dean shall meet

or confer with the person making the allegations at the earliest possible opportunity to

determine the nature, extent, and seriousness of the allegations. The Dean or Associate Dean

shall provide the person who alleges disadvantage or harm from misconduct by a law student:

(i) a copy of the WSRSL-SH including the Disciplinary Regulations;

(ii) information on his or her rights under relevant University or Law School policies, rules,

or regulations;

(iii) referrals for support and counseling services, if appropriate; and

(iv) preliminary academic accommodation, which may become permanent after the

completion of the investigation.

(i) If the person making an allegation of student misconduct seeks to have the Law School

initiate an investigation, the imposition of sanctions on the student defendant, or request

other remedies from the Law School, that person shall submit a timely written report of

the allegations to the Dean or an Associate Dean.

(ii) If the person making an allegation fails to submit a written report in a timely manner, an

Associate Dean, faculty, or staff member with knowledge of the allegations may submit a

written report of the allegations to the Dean or an Associate Dean requesting the

initiation of an investigation and sanctions.

(iii) The Dean or an Associate Dean shall promptly initiate an investigation of any substantial

allegation of student misconduct or may designate an Associate Dean, faculty, or staff

member, or a neutral third-party, to conduct the investigation and report to the Dean or

an Associate Dean in a timely manner.

(d) Meeting with the Student Defendant. At the earliest opportunity, the Dean or an Associate

Dean shall:

(i) meet with or otherwise discuss the allegations and range of possible sanctions with the

student defendant;

(ii) provide the student defendant with a copy of the WSRSL-SH including the Disciplinary

Regulations and other relevant UH-SCC or WSRSL-SH policies, rules, or procedures;

(iii) inform the student defendant of his or her rights, including the right to remain silent,

that any statement by the student defendant may be used against him or her, and of the

right to counsel at his or her own expense; and

(iv) inform the student defendant about the timing, nature, and seriousness of the potential

disciplinary proceedings.

(e) Temporary Suspension of a Student Defendant. In an emergency, the Dean may temporarily

suspend a student defendant prior to any meeting, investigation, or hearing, provided that a

meeting, investigation, and hearing pursuant to these regulations is conducted within a

reasonable time thereafter if the student defendant objects to the temporary suspension.

Examples of emergencies include situations where the student defendant poses a danger of

inflicting bodily harm upon himself or herself or others, of inflicting serious emotional distress

on the student making the allegations or others, creating a perception of an uncomfortable,

unsafe, or hostile learning environment for the student making the allegation or others, or

creating a substantial disruption of Law School activities including classroom instruction. Before

issuing a temporary suspension, the Dean may, but is not required to, meet with the student(s)

involved to discuss the urgency of the situation and alternatives to a temporary suspension.

(f) Informal Dismissal of Allegations. After a preliminary investigation of the allegations of student

misconduct, if the Dean or Associate Dean determines that the allegations are unfounded, the

allegations shall be informally dismissed, no action shall be taken against the student defendant,

and no record shall be made of the matter in the student’s Law School record or upon the

student’s University transcript. The person making the allegation and the student defendant

shall be informed promptly of the Dean’s or Associate Dean’s determination and the matter

shall be considered closed.

(g) Informal Disposition of Allegations.

(i) After a preliminary investigation of the allegations of student misconduct, if the Dean or

Associate Dean determines that the allegations appear well founded and an informal

disposition is in the best interests of the Law School and students involved, the Dean or

Associate Dean may seek to reach an informal disposition of the allegations.

Appropriate informal disposition may or may not be determined in consultation with the

affected complainant and others affected by the allegations.

(ii) Informal Action or Sanctions. In reaching an informal disposition of allegations, the

Dean and Associate Deans have broad discretion to propose appropriate disciplinary

action or sanctions. The Dean or Associate Deans may consider factors beyond those

raised in the allegations or investigation, such as the personal, academic, or professional

impact of the informal disposition (or of the disposition of ongoing or potential

University or administrative, civil, or criminal proceedings) on the student defendant, on

the person making the allegation, on the faculty or staff involved, or on the Law School

as a whole. The forms of action or sanctions that may be involved in an informal

disposition include but are not limited to:

a) Written acknowledgement of responsibility; disclosure of acknowledgment of

responsibility to those impacted by the conduct; and/or statement of responsibility

that may assist other law students to avoid similar situations (e.g., anonymous

student-to-student guide to avoiding plagiarism);

b) Grade reduction or modification by one or more grade levels; rescission of a grade;

in any case involving cheating on an assignment or final examination in a course or

intentional plagiarism on a paper in a course, seminar, or supervised writing project,

the sanction shall presumptively be a grade of “F” (or in the case of a “Credit/No

Credit” course, a grade of “No Credit”) and retake of the required course;

c) Condition, limitation, or revocation of privilege, benefit, or access related to Law

School courses (including externships, moot court, journals, and pro bono),

programs (e.g., Certificates), organizations (e.g., student government, Ete playing or

coaching), events (e.g., attending presentations, parties), on- or off- campus activities

that involve the Law School or law students, use of Law School or campus facilities,

or access to faculty/staff.

(iii) The Dean or Associate Dean shall provide a written proposal of the informal disposition

to the student defendant, who shall agree or object to the proposed informal disposition

within 7 calendar days of the receipt.

(iv) If an agreement of informal disposition is promptly reached, the Dean or Associate

Dean and the student defendant shall sign the agreement, no formal action shall be

taken against the student defendant, and no record shall be made of the matter in the

student's law school record or upon the student’s University transcript.

(v) The person making the allegation shall be informed promptly of the Dean’s or Associate

Dean’s determination and the matter shall be considered closed.

(vi) Under some circumstances, the Law School may be required to report to bar examiners

in the state where the student defendant may seek to practice law the result of an

informal disposition of a disciplinary violation or violation that constitutes

unprofessional conduct.

(h) Formal Disposition of Allegations. After a preliminary investigation of the allegations of student

misconduct, if the Dean or Associate Dean determines that the allegations appear well founded

and may warrant formal disciplinary action, or if the student defendant has failed to agree to a

proposed informal disposition, the Dean shall initiate formal disposition of the allegations

through:

(i) written presentation of charges to the Law School Disciplinary Committee; or

(ii) written referral of the matter to the University of Hawai‘i at Mānoa Associate Vice

Chancellor for Students, Office for Judicial Affairs, with a copy of the referral to the

student defendant.

(i) Presentation of Charges to Disciplinary Committee. To initiate a formal disposition, the Dean

shall direct the Associate Dean for Academic Affairs, or designee, to promptly draw up charges

against the student defendant and shall refer the matter to the Law School Disciplinary

Committee. The Associate Dean for Academic Affairs shall transmit the charges in writing both

to the student defendant and to the Disciplinary Committee convened to hear the charges.

Section 6.05 Disciplinary Committee

(a) Composition of the Disciplinary Committee. Except as provided in paragraph (b) below, the

Disciplinary Committee shall consist of four members of the Faculty of the Law School and one

third-year law student. The Disciplinary Committee shall be comprised of members of the

Academic Standards Committee as constituted each year by the Dean, with the exception that

the student member of the Disciplinary Committee shall be selected by the Dean when the

Disciplinary Committee is convened rather than by student election.

(b) Election of a Disciplinary Committee Consisting Solely of Three Faculty Members. A student

defendant may elect to have the Disciplinary Committee convened to hear the student’s case

consist solely of three members of the Faculty of the Law School and no student member. A

student defendant shall make such an election within 7 calendar days of receipt of the charges.

If such an election is made, the Dean shall decide which one of the four original faculty

members to release from the Disciplinary Committee for the purpose of that hearing.

same act or transaction, or in the same series of acts or transactions, constituting a violation of

or unprofessional conduct under these Regulations, the charges shall be referred to a single

Disciplinary Committee for a joint hearing. If, in the judgment of the Disciplinary Committee, a

separate hearing should be held for any reason in the case of any such students, the Disciplinary

Committee convened to hear the charges may hold separate hearings. If one or more of the

students charged in a joint hearing elect to have a separate hearing, the Disciplinary Committee

shall hold separate hearings. If one or more of the students charged in a joint hearing elect to

have the Disciplinary Committee consist solely of three faculty members, the reconstituted

three-member committee shall constitute the Disciplinary Committee in the case of all student

defendants.

(d) Resignation and Replacement of Disciplinary Committee Members. If any member of a

Disciplinary Committee feels that the member’s relationship with either the case or the

individuals involved would affect the member’s ability to render an impartial judgment, the

member shall immediately resign from the Disciplinary Committee and the Dean shall select a

replacement member.

Section 6.06 Disciplinary Committee Procedure and the Rights of the Student

(a) Hearing Date. Upon presentation of charges against a student defendant, the Disciplinary

Committee convened to hear the charges shall promptly set the earliest possible date for a

hearing by the Disciplinary Committee consistent with the preparation of the case by the

Associate Dean for Academic Affairs and by the student defendant. Because the Disciplinary

Committee only sits during Fall and Spring semesters, the hearing on charges brought late in one

semester may be deferred until the following semester. Under urgent circumstances, the Dean

may request the Disciplinary Committee to meet during off-duty periods or substitute faculty

committee members who are willing to do so.

(b) Notice to the Student Defendant. The Disciplinary Committee convened to hear charges against

a student defendant shall promptly:

(i) inform the student defendant of the hearing date in writing:

(ii) provide the student a copy of the charges made and referred to the Committee; and

(iii) provide copies of all supporting documents submitted to the Committee.

present the facts in the proceedings before the Disciplinary Committee. The Associate Dean for

Academic Affairs shall have the right to be assisted by counsel.

(d) Student Defendant's Right to Counsel or Advisor. The student defendant has the right to

choose and to be represented, or accompanied, by counsel or an advisor at all stages of the

proceeding before the Disciplinary Committee. The counsel or advisor may be any person of

the student's choice, provided, however, the student shall bear any costs incurred.

(e) Witnesses and Evidence at the Hearing. Both the student defendant and the Associate Dean for

Academic Affairs (“the parties”) have the right to call witnesses, to introduce evidence at the

hearing, and to cross-examine any witness. The student or person making the allegation of a

disciplinary violation shall not be a party to the proceedings but may be called as a witness. At

least 5 calendar days prior to the hearing, the parties shall exchange copies of all documents to

be submitted at the hearing and a list of all witnesses expected to be called, including a brief

summary of the testimony of each witness.

(f) The Right to Remain Silent. The student defendant has the right to remain silent at the hearing.

No inferences shall be drawn from a decision by the student defendant to remain silent at the

hearing.

(g) Rules of Evidence. The rules of evidence applicable to criminal and civil trials do not govern

hearings before the Disciplinary Committee. Except as otherwise provided in this article, and

subject to disapproval by majority vote of the Committee, the Chair of the Disciplinary

Committee may make such rulings as to the admissibility of evidence that in the judgment of the

Chair will expedite the hearing and ensure due process.

(h) Disciplinary Committee Hearings. The place of the hearing before a Disciplinary Committee

shall be determined by the Committee. Hearings are normally closed. However, the student

defendant may elect to have the hearing open to the public.

(i) Recording of Proceedings. Disciplinary Committee hearings, except for the Committee’s

deliberations, shall be recorded in full, held confidentially in the files of the Law School, and

made available to the student defendant, or the student’s authorized representative(s), for review

upon timely written request within one year of the conclusion of the hearing. Such materials

shall be kept by the Law School for a period of time, no less than three years, consistent with the

University's record retention policies and/or practices.

(j) Rules of Procedure. Except as otherwise provided in this article, the Disciplinary Committee

may adopt such procedural rules as in the judgment of the Committee will expedite the hearing

and ensure due process.

(k) Burden of Proof. The Associate Dean for Academic Affairs bears the burden of proof to

establish by clear and convincing evidence that the student defendant violated the UH-SCC or

the WSRSL-SH policies, rules, or regulations.

Section 6.07 Disciplinary Committee Decisions

(a) Disciplinary Committee Deliberations in Private. After receiving all the evidence, statements,

and arguments submitted at the hearing, the Disciplinary Committee shall deliberate in private.

(b) Majority vote required. The Disciplinary Committee’s decisions shall be reached by majority

vote.

unprofessional conduct has not been established by clear and convincing evidence, the student

defendant shall be acquitted. In such a case, the charges shall be dismissed and no record shall

be made of the matter in the student’s law school record or upon the student’s University

transcript. An acquittal is a final decision and may not be appealed to the Disciplinary Review

Panel.

(d) Violation Established. If the Disciplinary Committee decides that a violation has been

established, the Committee shall determine the specific disciplinary action or sanction that in its

judgment is warranted. The Committee shall promptly set forth its decision in a written

confidential report to the Dean containing the Committee’s findings of fact and conclusions

based upon the evidence introduced at the hearing. The student defendant shall promptly be

given a copy of the Disciplinary Committee’s report, and notified of the right to appeal to the

Disciplinary Review Panel. If the student defendant fails to appeal, the Committee’s decision is

final immediately and the Dean shall direct the relevant persons to implement the decision.

(e) Disciplinary Action or Sanctions. The Disciplinary Committee has broad discretion to

recommend appropriate disciplinary action or sanctions. In determining the appropriate action

or sanction, the Committee may take into consideration factors beyond those at issue at the

hearing, such as academic or professional impact on the student defendant (e.g., the effect of a

grade reduction on the student’s GPA), on the person making the allegation, or on the Law

School as a whole. The forms of disciplinary action that may be taken pursuant to the decision

of a Disciplinary Committee include but are not limited to:

(i) Reprimand. The student defendant may receive a reprimand, which becomes part of the

student’s Law School record, but is not recorded upon the student’s University

transcript.

(ii) Censure. The student defendant may receive a censure, which becomes part of the

student’s Law School record and is recorded upon the student’s University transcript.

(iii) Grade Reduction or Revocation of Privilege, Certificate, or Degree. The student

defendant’s grade in the course in which an alleged violation occurred may be reduced

by one or more grade levels or rescinded. In any case involving a finding of cheating on

an assignment or final examination in a course or intentional plagiarism on a paper in a

course, seminar, or supervised writing project, the presumptive sanction shall be that the

student receives a grade of “F” (or in the case of a “Credit/No Credit” course, a grade

of “No Credit”). The Committee may, in its discretion, deviate from this presumption.

The Committee may also determine that a previously awarded privilege, certificate, or

degree gained through the violation may be revoked.

(iv) Suspension. The student defendant may be suspended from the Law School for a

determinate period with permission to return at the end of that period. The suspension

becomes part of the student’s Law School record and may be recorded upon the

student’s University transcript. A suspension may be stayed subject to the provision that

the stay shall terminate automatically if, during such stay, the student defendant is found

to have again violated these regulations.

(v) Expulsion. The student defendant may be expelled. The expulsion terminates the

student’s status as a law student and permanently ends the student’s studies at the Law

School. The expulsion becomes part of the student’s permanent Law School record and

is recorded upon the student’s University transcript.

(f) Notice to State Bar Examiners. Any Disciplinary Committee finding of a disciplinary violation

or a violation that constitutes unprofessional conduct shall be reported to the Bar Examiners of

the Supreme Court of the State of Hawai‘i or to any similar agency in another jurisdiction in

which the student defendant may seek to practice law.

Section 6.08 Appeal of Disciplinary Committee Decisions to Disciplinary Review Panel

(a) Appeal to the Disciplinary Review Panel. The student defendant may appeal a Disciplinary

Committee decision to the Disciplinary Review Panel. The appeal shall be in writing and must

be received by the Associate Dean for Academic Affairs within 14 calendar days of the student

defendant’s receipt of the Committee’s decision. The student’s appeal statement shall set forth

the grounds upon which the student seeks relief from the Committee’s decision. The

Disciplinary Review Panel shall review such portions of the evidence and testimony as are

necessary for full consideration of the student defendant’s appeal. No additional evidence shall

be introduced by the parties for consideration in the review by the Disciplinary Review Panel

but the Panel may seek additional evidence from the parties regarding the issues raised before

the Committee.

(b) Composition of the Disciplinary Review Panel. The Disciplinary Review Panel shall consist of

all members of the Faculty except that the faculty members who served on the Disciplinary

Committee shall not be voting members of the Disciplinary Review Panel.

Review Panel feels that his or her relationship with either the case or the individuals involved

would affect his or her ability to render an impartial judgment, the member shall disqualify him

or herself.

(d) Panel Procedure. The Disciplinary Review Panel shall deliberate in private. The Panel’s decision

shall be reached by majority vote of the Disciplinary Review Panel members physically present

for the deliberation and voting.

(e) Hearing Date. All appeals shall be heard within 30 calendar days of receipt of the appeal.

Provided, however, since the Disciplinary Review Panel only sits during Fall and Spring

semesters, the hearing on an appeal filed late in the semester may be deferred until the following

semester.

(f) Action on Review of Disciplinary Committee Decisions. The Disciplinary Review Panel may

take the following action on review of decisions by a Disciplinary Committee:

(i) adopt the Disciplinary Committee’s decision and the disciplinary action determined by

the Disciplinary Committee;

(ii) adopt the Disciplinary Committee’s decision as modified to impose a lesser disciplinary

action than that determined by the Disciplinary Committee; or

(iii) set aside the Disciplinary Committee’s decision in whole or in part, and dismiss the

charges or send the matter back to the Disciplinary Committee for rehearing as to all or

part of the issues raised before the Disciplinary Committee.

(g) Disciplinary Review Panel’s Decision Final. The action taken by the Disciplinary Review Panel

on review of a decision by a Disciplinary Committee is final within the Law School and

University.

Section 6.09 Rights of the Student Defendant before the Disciplinary Committee

(a) A student defendant has the right to a clear, concise written statement of charges against the

student.

(b) A student defendant may enter a plea of guilty in writing to the alleged violation to the Dean at

any time before the final verdict has been rendered by the Disciplinary Committee. If the Dean

and the student defendant are unable to agree upon an appropriate action or sanction, the matter

shall be submitted to the Disciplinary Committee for determination. The student defendant has

the right to appeal such a determination to the Disciplinary Review Panel.

to:

(i) prompt completion of all the procedures provided herein and adequate time to prepare

a defense, provided, however, that the hearing and the appeal procedures can normally

take place only in the Fall and Spring semesters;

(ii) appear before the Disciplinary Committee;

(iii) legal counsel or an advisor of the student’s choice, with any cost so incurred to be borne

by the student defendant;

(iv) present oral, documentary, or physical evidence on the student defendant’s behalf;

(v) examine and cross-examine witnesses;

(vi) require the Disciplinary Committee to request the presence of witnesses and the

production of documents or physical evidence;

(vii) remain silent without such silence being construed against the student defendant;

(viii) a presumption of the student defendant’s innocence until the Disciplinary Committee is

convinced by clear and convincing evidence that the student defendant engaged in the

misconduct charged in violation of these Regulations;

(ix) a copy of the Disciplinary Committee’s decision in writing; and

(x) waive any right herein conferred by notice of such waiver in writing to the Disciplinary

Committee, or by failure to appear after being duly served, or by failure to exercise any

rights granted the student defendant.

Section 6.10 Severability

(a) If any provision of these Disciplinary Regulations is held to be unconstitutional, the remaining

provisions, wherever possible, shall be severable therefrom.

(b) These Academic Grievance Policies and Procedures are established by the Faculty of the Law

School to provide consistent and equitable treatment for faculty and students in resolving issues

arising from the academic relationship between individual faculty and individual students. Their

applicability is limited to those issues directly associated and concomitant with the faculty

member’s responsibilities as a teacher and the student’s responsibilities as a learner.

procedures followed by the University as a whole, only these policies and procedures are

applicable to students taking courses at the Law School. Decisions reached through these

procedures shall be considered final within the University.

Article VII. Academic Grievance Policies and Procedures

Section 7.01 Definitions

(a) Student. “Student” is defined as any individual enrolled in a course for academic credit or audit

at the Law School.

(b) Student Grievant. “Student Grievant” is defined as any student filing an Academic Grievance

under these procedures.

instruction for credit at the Law School.

(d) Semester. “Semester” is defined as any scheduled term of instruction, including January Term

and Summer Session.

Section 7.02 Responsibilities of Faculty Members

As stated in the UHPA BOR 2015-2017 Contract:

ARTICLE IV, FACULTY PROFESSIONAL RESPONSIBILITIES AND WORKLOAD

A. Faculty Members are responsible for maintaining high professional standards of scholarship and

instruction in their field of special competence. In giving instruction upon controversial

matters, Faculty Members are expected to set forth justly and without suppression the

differing opinions of other investigators, and in their conclusions provide factual or other

scholarly sources for such conclusions. Faculty Members should be careful not to introduce

into their teaching controversial matters that have no relation to their subject. In the conduct

of research, Faculty Members shall adhere to legal and ethical standards and procedures.

Faculty Members employed by an organized research unit or other organizational units with

a research mission, or whose research is supported by an extramural contract or grant, have a

responsibility to follow the directions of their supervisor or principal investigator in the

conduct of research in support of the mission of the unit or in fulfillment of the terms of the

contract or grant. The commitment to academic freedom in the conduct of research does

not imply that a Faculty Member's research is not subject to critical review and judgment as

to its quality and significance. When speaking and acting as individuals, Faculty Members

shall take suitable precaution to assure that personal utterances or actions are not construed

as representing the University.

B. The primary professional responsibilities of Faculty Members are teaching, research, specialized

educational services, and community service. Faculty Members also have professional

responsibilities such as advising students; registration of students; participation in campus

and University-System committees; keeping regularly posted office hours which are

scheduled at times convenient for students; and participation in traditional functions which

have unique academic significance. The performance of teaching duties, research, and service

extends beyond classroom responsibilities and other direct student contact duties.

Instructional activities encompass more than just classroom teaching. Other aspects of

instruction include, but are not limited to: academic and thesis advising, supervision of

instructional activities such as cooperative work experiences, practica, internships, and

practice; instructional management, tutoring; curriculum and course development; and

creation of teaching and instructional materials, and supervision of laboratory activities.

Also, included in the work associated with instruction are the implementation of

instructional systems and strategies, distance learning technologies, and student evaluation

and assessment.

Faculty workload is not limited to instruction. It may include disciplinary research, scholarly

activities, or creative endeavors; service to the academic community, the government, the

private sector, and other public interest groups; outreach programs; student advising and

counseling; equipment and facilities development and maintenance; and information systems

development and implementation, including professional librarian services, or serving as a

program coordinator.

The Board of Regents recognizes Faculty Members are professional employees and experts

in their fields.

Faculty workload shall be based on the following principles.

1. Faculty Members when engaged in instruction and research find most of the work occurs

outside of the classroom, in the same manner as most of the work of surgeons and attorneys

is outside of the operating theater and courtroom, respectively. It is understood that Faculty

Members are not hourly employees. Faculty workload will be scheduled according to the

nature of the work, the preparation and training necessary to complete the work, the time of

day that the instructional or other duties are performed, and the location of the worksite.

2. The elements of individual Faculty Member’s workload may differ depending on: the

professional duties of the Faculty Member; the objectives of the unit, division, or

department; and the mission of the school or college. When making workload judgments

about instructional and direct student contact, the unit, division, or department will give

consideration to the total responsibilities borne by the Faculty Member within the context of

the college mission and unit, division or department objectives.

3. Based upon the teaching demands placed upon the division or department by curriculum,

the Chair, after consultation with division or department Faculty Members, will identify the

total instructional workload requirements to be met for the academic year. Using the planned

professional objectives and activities of the Faculty Member, and the objectives of the

division or the department, the Chair and the Faculty Member will determine the Faculty

Member’s instructional workload in accordance with Board of Regents’ Policy 9-14 [RP

9.214]. In every case the assignment of credit hours shall take into account other aspects of

the Faculty Member’s responsibilities, e.g., research and service. In some cases, Faculty

Members may not be assigned any course credit hour teaching.

(b) In the classroom and carrying out their other professional duties related to students. Faculty

Members are expected to adhere to the highest professional standards of behavior and conduct.

The responsibilities of Faculty Members include, but are not limited to, the following:

(i) To permit students who act in accordance with the responsibilities indicated in

Section 6.03 below to complete any course in which they are enrolled;

(ii) To ensure that the course offered is in fundamental accord with the latest course

description;

(iii) To provide students at the beginning of the semester/session with a syllabus that

contains the written explanation of the course objectives, how assignments meet the

Law School Student Learning Outcomes, the class assessment and grading policy,

reading assignments, Law School attendance policy, and the manner in which the course

will be conducted. The course syllabus may be amended orally or in writing during the

semester to reflect changes in the reading assignments. Substantial amendments to

reading assignments and changes to written or oral assignments or exams should be

avoided or made in consultation with students to minimize adverse effects, and must be

communicated in writing;

(iv) To retain student papers, tests, projects, and exams for at least one year unless returned

to the students;

(v) To provide regular class instruction as scheduled with class meetings beginning and

ending at the stated times, and to comply with the Law School academic calendar and

exam schedule;

(vi) To provide students at appropriate times during the semester with fair and objective

evaluations of their work and progress in the course. This does not apply to courses in

which no work is presented for evaluation during the semester;

(vii) To discuss, on request, the grade, comments, or points assigned to the work of any

student in the faculty member’s course, free from abuse of professorial discretion,

amounting to arbitrariness, bias, or other serious unfairness;

(viii) To provide students equitable and unbiased treatment in an educational climate that

complies with equal opportunity/affirmative action policies of the University of Hawaiʻi,

which is committed to a policy of nondiscrimination on the basis of race, sex, gender

identity and expression, age, religion, color, national origin, ancestry, citizenship,

disability, genetic information, marital status, breastfeeding, income assignment for child

support, arrest and court record (except as permissible under State law), sexual

orientation, national guard absence, and status as a covered veteran.

(ix) To post and maintain reasonable and mutually convenient office hours or reasonable

access for appointments during the course of the regular semester to meet with students;

(x) To adhere to the policies of the University concerning authors’ recognition of

contributions to their work by students and others; and

(xi) To refrain from any interference with the academic grievance procedures, or from any

punitive action against a student because the student filed a grievance.

Section 7.03 Responsibilities of Students

(a) The Academic Grievance Committee’s decision on whether or not to hear a grievance will depend

in part on the Student Grievant having fulfilled the following responsibilities:

(i) To exhibit classroom behavior that does not infringe on other students’ right to learn;

(ii) To attend classes as required by the faculty member, recognizing that absences may

adversely affect the grade or credit for the course;

(iii) To fulfill course assignments and requirements as described by the faculty member,

recognizing that unfulfilled assignments and requirements may adversely affect the grade

or credit for the course;

(iv) To abide by student, academic, and administrative regulations including the UH-SCC and

the WSRSL-SH and other Law School policies, rules, and regulations;

(v) To follow official procedures in pursuing redress of a grievance;

(vi) To refrain from frivolous grievances; and

(vii) To promote an educational climate that complies with equal opportunity/affirmative

action policies of the University of Hawaiʻi, which is committed to a policy of

nondiscrimination on the basis of race, sex, gender identity and expression, age, religion,

color, national origin, ancestry, citizenship, disability, genetic information, marital status,

breastfeeding, income assignment for child support, arrest and court record (except as

See University of Hawaiʻi at Mānoa Policies, Procedures, and Guidelines, M1.100.

permissible under State law), sexual orientation, national guard absence, and status as a

covered veteran.

Section 7.04 Procedures for Resolution of Academic Grievances

(a) If a Student Grievant has fulfilled his or her responsibilities relevant to his or her grievance and

believes that a Faculty Member has significantly failed to meet any of the responsibilities stated

in Section 7.02 or has acted arbitrarily and/or capriciously in any other area of the academic

relationship, the Student Grievant may initiate action to achieve remedy.

The action available is outlined below and must be initiated, (i) if related to a grade matter, no

later than 45 calendar days after the grade for the course in question has been posted or made

available to the student grievant by the University or the Law School Registrar, whichever is

earlier, or (ii) if not related to a grade matter, then as promptly as possible after the conduct in

question is known to the Student Grievant. Because the Academic Grievance Committee meets

only during Fall and Spring semesters, completion of actions begun late in the semester may be

delayed until the following semester.

Step 1 – Informal Resolution, After Consultation

If the grievance involves a claim of sexual harassment, violence, or discrimination, the student

grievant should immediately contact the Associate Dean for Student Services or the University

Title IX, Equal Opportunity, Affirmative Action Officer before speaking with the Faculty

Member.

The Student Grievant should otherwise first try to resolve the grievance informally with the

Faculty Member involved. When approached by a student concerning a grievance, the Faculty

Member should review the WSRSL-SH and these Academic Grievance Procedures, advise the

student to review the WSRSL-SH and these Academic Grievance Procedures, and may suggest

that the student consult with a Dean or an Associate Dean before proceeding.

The Student Grievant may also first discuss the grievance with the Dean, an Associate Dean, or

another Faculty Member before speaking with the involved Faculty Member.

In the attempt to resolve the matter informally with the Faculty Member, the Student Grievant

and the Faculty Member are encouraged to consult the Associate Dean for Academic Affairs or

the Associate Dean for Student Services, who may recommend the use of external advisors,

mediation, or counseling services.

The Dean or Associate Deans, the Student Grievant, and the Faculty Member may reach an

informal resolution of the complaint after consultation.

(a) If the informal resolution reached in Step 1 involves withdrawal of the grievance or remedies

other than a grade change, the Dean or Associate Dean will close the matter and may maintain

only an informal record of the resolution.

(b) If the informal resolution reached in Step 1 suggests a change of a grade, the grade change

must be approved by the full faculty before it is implemented.

Step 2 – Informal Resolution, After Formal Complaint

If the Student Grievant and Faculty Member are unable to reach an informal resolution in Step

1, and the student seeks to pursue the academic grievance, the student shall prepare a formal

complaint in writing indicating:

See University of Hawaiʻi at Mānoa Policies, Procedures, and Guidelines, M1.100.

1. the facts as the student perceived them, citing specific violations where possible;

2. the remedy sought; and

3. the Faculty Member’s and student’s response, if any, to the consultations in Step 1.

The Student Grievant shall present this complaint to the Associate Dean for Academic Affairs

with a copy for the Faculty Member within 14 calendar days of the time when the inability to

reach an Informal Resolution in Step 1 is apparent to the student. If the Faculty Member

involved is the Associate Dean for Academic Affairs or the Associate Dean for Student Services,

the Dean shall assume the responsibilities of the involved Associate Dean or assign the other

Associate Dean or a faculty member to handle and receive the complaint.

After receipt of the complaint, the Associate Dean for Academic Affairs shall meet or otherwise

consult separately with the Student Grievant and the Faculty Member, or, if both parties agree,

meet with them jointly to discuss the complaint and attempt to reach a mutually agreeable

informal resolution.

The Dean or Associate Dean, the Student Grievant, and the Faculty Member may reach an

informal resolution of a Step 2 complaint.

(a) If the informal resolution reached in Step 2 involves withdrawal of the grievance or remedies

other than a grade change, the Dean or Associate Dean will close the matter and may maintain

only an informal record of the resolution;

(b) If the informal resolution reached in Step 2 suggests a change of grade, the grade change

must be approved by the full faculty before it is implemented.

If within 14 calendar days of receipt of the written complaint, a mutually agreeable informal

resolution has not been reached, the Associate Dean for Academic Affairs shall notify the

Student Grievant and the Faculty Member in writing that Step 2 has been completed without a

successful informal resolution and that the student may proceed to Step 3.

Step 3 – Formal Resolution by Academic Grievance Committee

Within 14 calendar days after the Student Grievant has been notified that Step 2 has concluded

without a mutually agreeable informal resolution, the Student Grievant may file a written request

for a hearing before the Academic Grievance Committee through the Associate Dean for

Academic Affairs. The student grievant shall provide as part of the request complete copies of

all materials associated with Steps 1 and 2 and shall notify the Associate Dean for Academic

Affairs of the names of other custodians of relevant material that the Student Grievant is unable

to obtain. The Associate Dean for Academic Affairs is responsible for ensuring that the

notifications required under the Academic Grievance Procedure are accomplished and shall

provide the submitted materials to the Chair of the Academic Grievance Committee.

Section 7.05 Law School Academic Grievance Committee

(a) Composition of the Academic Grievance Committee. Except as provided in paragraph (b)

below, each Academic Grievance Committee shall consist of four members of the Faculty of the

Law School and one third-year law student. The Academic Grievance Committee shall be

comprised of members of the Academic Standards Committee as constituted each year by the

Dean, with the exception that the student member of the Academic Grievance Committee shall

be selected by the Dean when the Academic Grievance Committee is convened rather than by

student election.

(b) Election of an Academic Grievance Committee Consisting Solely of Three Faculty Members. A

student filing an academic grievance may elect to have the Academic Grievance Committee

consist solely of three members of the full time faculty of the Law School and no student

member. The student grievant shall make such an election within 7 calendar days after the

request for a hearing has been filed with the Associate Dean for Academic Affairs. If such an

election is made, the Dean shall decide which one of the four original faculty members to release

from the Academic Grievance Committee for the purpose of that hearing.

of the Chair of the Academic Grievance Committee, the relationship of any member of the

Academic Grievance Committee with either the case or the individuals involved would affect the

member’s ability to render an impartial judgment, the Chair shall immediately remove the

member from the Academic Grievance Committee and a replacement shall be selected by the

Dean.

(d) Deadlines for Academic Grievance Proceedings may be modified by the Associate Dean for

Academic Affairs in light of the unavailability of parties and committee members during off-duty

periods.

Section 7.06 Responsibilities and Procedures of Academic Grievance Committee

(a) Pre-Hearing Procedures

(i) The completion of Steps 1 and 2 does not give a Student Grievant the right to a full

hearing before the Academic Grievance Committee. The Academic Grievance

Committee may decide on the basis of all material before the Academic Grievance

Committee that no reasonable case for a grievance exists, and may dismiss the hearing

request or may hear the appeal. A decision by the Academic Grievance Committee to

dismiss or accept a hearing request must be made within 7 calendar days of the receipt

of the request.

(ii) Dismissal. A decision by the Academic Grievance Committee dismissing a hearing

request is appealable to the Law School faculty. Such appeal must be made by the

student grievant in writing within 7 calendar days of receipt of notice of the Academic

Grievance Committee decision and shall be heard at the next or subsequent regularly

scheduled Faculty Meeting, at the discretion of the Dean.

(iii) Hearing Notice. After a decision by the Academic Grievance Committee to hold a

hearing on the request, the hearing on the grievance must be held within 14 calendar

days of its decision to hold a hearing. The committee shall:

a) give written notice of the hearing, at least 7 calendar days prior to the hearing, to the

Student Grievant and the Faculty Member; and

b) inform all parties of the date, time, and place of the hearing.

(b) Hearing Procedures. The Academic Grievance Committee shall conduct the hearing in a fair

and professional manner, which shall include, but not be limited to, the following procedures:

(i) The Student Grievant and/or Faculty Member involved may have an advisor present

provided that notice of such intent and the name of the advisor are given to the Chair of

the Academic Grievance Committee within 7 calendar days prior to the hearing. The

Chair of the Academic Grievance Committee shall notify the other party to the

proceeding, who may, with 2 calendar days of similar notice to the Chair and other party

prior to the hearing, also have an advisor present;

(ii) The hearing shall be open unless the Student Grievant or Faculty Member makes a

written request for a closed hearing to the Chair at least 2 calendar days prior to the

hearing;

(iii) The burden of proof shall be upon the student grievant who shall prove his or her case

by clear and convincing evidence;

(iv) The Chair shall be responsible for recording the hearing, maintaining order, and shall

have the authority to rule on procedural issues and to exclude immaterial and/or unduly

repetitious evidence;

(v) The Student Grievant and Faculty Member shall be provided the opportunity to present

oral or documentary evidence and arguments on all issues involved;

(vi) The Student Grievant and Faculty Member shall have the right to question witnesses and

submit rebuttal testimony;

(vii) All members of the Academic Grievance Committee may question witnesses;

(viii) The Academic Grievance Committee may secure testimony from witnesses other than

those presented by the Student Grievant or Faculty Member. The Academic Grievance

Committee may also secure University or Law School documents and materials,

including grades and other assessments, relevant to the issue even if not provided in Step

1 or 2, or introduced in the hearing by the Student Grievant or Faculty Member. Other

confidential documents may be secured only with the consent of appropriate parties;

(ix) The hearing will be held as scheduled even in the absence of the Faculty Member alleged

to have committed the grievance, unless such absence is for good and sufficient cause.

If the Faculty Member cannot attend for good and sufficient cause and desires a

continuance, the Academic Grievance Committee may grant such a continuance for a

reasonable period under the circumstances. The decision of the Academic Grievance

Committee as to good and sufficient cause is final within the University;

(x) Should the Student Grievant not appear except for good and sufficient cause, the

grievance shall be dismissed with prejudice. The decision of the Academic Grievance

Committee as to good and sufficient cause is final within the University; and

(xi) The deliberations of the Academic Grievance Committee after receipt of all testimony

and evidence shall be in closed session.

and decision, the Chair shall inform the student grievant and faculty member of the findings and

decision, in writing, within 7 working days of the conclusion of the hearing. A copy shall be sent

to the Dean and Associate Dean for Academic Affairs.

(d) Records of the Academic Grievance Hearing

(i) The Associate Dean for Academic Affairs shall maintain a summary record of all

Academic Grievance Committee hearings. The record shall include a brief notation as

to the subject matter and semester of the dispute but no personally identifiable

information of the Student Grievant or the Faculty Member. This record shall be open

to inspection by Law Students, faculty, and staff through the Associate Dean for

Academic Affairs.

(ii) Other records to be maintained by the Associate Dean for Academic Affairs shall

include, but need not be limited to, the following and shall not be open to inspection

except by the Student Grievant and Faculty Member involved in the grievance, the Dean

and the Associate Dean for Student Services, and Academic Grievance Committee

members: all pleadings, motions and rulings; all written and physical evidence, the

recording of the hearing, and the report of the Academic Grievance Committee. This

material will be kept for a period of time consistent with the Law School and

University’s normal record retention policies and/or practices.

(iii) A summary of the disposition of any written grievance shall be copied to the Student

Grievant and Faculty Member involved, placed in the Student Grievant’s file, and may

be placed in the Faculty Member’s personnel file at the discretion of the Dean.

Section 7.07 Appeal of the Academic Grievance Committee’s Final Decisions

(a) Appeal to the Full Faculty. The Final Findings and Decision by the Academic Grievance

Committee may be appealed to the full faculty by the Student Grievant or Faculty Member. The

appeal shall be in writing and must be received by the Associate Dean for Academic Affairs

within 14 calendar days of issuance of the Academic Grievance Committee’s Final Findings and

Decision. The appeal statement shall set forth the ground(s) upon which the appellant desires

relief from the decision. The full faculty shall review such portions of the evidence and

testimony as are necessary to full consideration of the appeal, but may seek from the parties or

others through the Associate Dean for Academic Affairs additional information not provided

before the Academic Grievance Committee.

(b) Disqualification. The Faculty Member involved is not considered part of the full faculty for

purposes of the Academic Grievance Appeal process. The members of the Academic Grievance

Committee are considered part of the full faculty for purposes of hearing the appeal and may

participate but may not vote on the final decision. If any full faculty member feels that his or

her relationship with either the case or the individuals involved would affect his or her ability to

render an impartial judgment, the member shall disqualify himself or herself.

the appeal. Because the faculty meets only during the Fall and Spring semesters, the hearing on

an appeal filed late in the semester may have to be deferred until the following semester, at the

discretion of the Dean.

(d) Right to Appear at Appeal Hearing. The Student Grievant and the Faculty Member involved

may be allowed or requested to attend the appeal hearing, at the discretion of the majority vote

of the full faculty; however, neither party has an absolute right to attend.

(e) Authority of the Full Faculty. The full faculty shall have the authority to affirm, reverse, or

modify the decision of the Academic Grievance Committee.

(f) Full Faculty’s Appeal Decision Final. The decision by the full faculty on appeal is final within

the University and not subject to further review.

(g) Notification to Parties, Record of Decision. The full faculty, through the Associate Dean for

Academic Affairs, shall notify the Student Grievant and Faculty Member involved of its decision

within 5 working days of the hearing. The full faculty meeting and record of decision shall

include a brief notation as to the date of the hearing, the subject matter, and the semester of the

dispute but no personally identifiable information of the Student Grievant or the Faculty

Member. This record shall be open to inspection by Law Students, faculty, and staff through the

Associate Dean for Academic Affairs. A summary of the decision shall be copied to the Student

Grievant and Faculty Member involved, placed in the Student Grievant’s file, and may be placed

in the Faculty Member’s personnel file at the discretion of the Dean.

Section 7.08 Finality, Implementation, Redress Beyond the University

(a) The findings and decisions of the Academic Grievance Committee and full faculty reached

pursuant to these policies and procedures shall be final within the University.

(b) The Dean shall have the authority to implement the remedies determined by the Academic

Grievance Committee and full faculty under these policies and procedures.

the Faculty Member from seeking redress through a court of competent jurisdiction or an

outside enforcement agency.

Section 7.09 Severability

If any provision of this Academic Grievance Procedures is held to be invalid or unconstitutional, the

remaining provisions, wherever possible, shall be severable therefrom.

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8.16.23 ADAA