Law School Remedies for Physical or Emotional Impediment to Satisfactory Completion of a Course or Semester
- If a student is incapable of either learning adequately during a semester or performing satisfactorily in an examination process and the incapacity is caused by (a) serious physical injury or [serious] physical illness that the student did not suffer, or did not appreciate, before matriculating or (b) severe emotional stress caused by stimuli extrinsic to the learning and examination processes and occurring after the student matriculated, then, as appropriate and prudent,
- the student (even if a first-semester first-year student) may be granted leave until the cause of the incapacity is removed or for two years, whichever is shorter, or
- the student may be excused from examination or examinations until the cause of the incapacity is removed or for one year, whichever is shorter, or
- the student may be allowed a make-up examination or assigned an appropriate deferred grade, of "I," or "X," and, if "X," until the cause of the incapacity is removed or for two years, whichever is shorter.
If a student fails to take or complete an examination or submit timely a basis for grade-determination and the failure is explained by the student's need to attend (1) a seriously-ill, seriously injured, or bereaved loved-one or close relative or (2) a death service for such person, then such failure shall be deemed basis for remedy under this paragraph; if such failure is explained by some other, similar and similarly compelling event it shall be treated similarly. The dean shall determine whether the student is, as above, incapable of learning adequately or performing satisfactorily in an examination process, and, if so, whether (A), (B), or (C), or some combination of them shall apply. The dean's determination shall be final and shall not be appealable to the faculty.
If a student feels rendered incapable (as above) by an event (as above) that occurs (1) during an examination or (2) so shortly before an examination that the student cannot petition the dean for remedy before the examination commences, then the student must notify the dean, or, if the dean is not available, the assistant dean, or, if the assistant dean is not available, a law-faculty-member, soon as possible after the examination or the time the student ceases taking the examination (whichever is earlier) or be deemed to have waived remedy; if such student notifies the appropriate person (indicated above), the matter shall be addressed to the dean, who shall deny determination whether the student may be granted remedy under this rule unless the student has satisfied the dean that (1) the timing of the incapacitating event was such as contemplated in this sentence and did preclude the student's notifying the dean before the examination commenced and (2) the student notified the first-available person indicated above, soon as possible (as provided above).
- A student who seeks remedy under this rule must submit to the dean a request for such remedy and evidence to support the request. The Dean may require that the request or evidence or both be submitted in writing. The dean may require that the student provide appropriate documentation as to his or her incapacity.
- For the purposes of this rule, the terms "examination" and "examination process" comprehend all bases for determining grades in every kind of course -- whether a standard course, seminar, clinic, or other.
- The remedies provided in "1" and the procedures provided there and in "2" shall be the only remedies and procedures available for treating the problems contemplated in this Rule. Remedy-denials (including refusals to consider granting remedy) under this Rule shall be final and shall not be appealable to the faculty. The remedies provided by this rule shall not include special examinations or examinations scheduled at times other than during examination periods. Any provision that is inconsistent with any term in this Rule is superseded by this Rule. This Rule is effective immediately. (See Reinstatement and Probation Committee, supra).
