BYLAWS AND EXECUTIVE COMMITTEE REGULATIONS PERTAINING TO THE REQUIREMENTS OF MEMBERSHIP
BYLAW ARTICLE 1. NAME AND PURPOSE
Section 1-3. Indemnification
The Association may, by resolution of the Executive Committee, provide for indemnification by the Association of any and all of its directors or officers or former directors or officers, as well as other past and present employees, agents or representatives of the Association, against expenses, including defense costs, actually, necessarily and reasonably incurred by them in connection with any action, suit, or proceeding in which they or any of them are made parties, or a party, by reason of their having performed services for the Association, except in relation to matters as to which any such individual shall be adjudged in such action, suit, or proceeding to be liable for negligence or misconduct in the performance of their services, or matters which are settled by agreement predicated on the existence of such liability.
BYLAW ARTICLE 2. MEMBERSHIP
Bylaw Section 2-2.
Qualification for Membership.
a. Applications for membership shall be addressed to the Executive Director accompanied by evidence that the applicant has fulfilled and is capable in the future of fulfilling the obligations of membership as reflected in these bylaws (including the requirements and approved policies they embody), and the regulations promulgated thereunder. The Executive Committee shall examine the application and report at the Annual Meeting of the Association whether or not the applicant has qualified. The application for membership shall be filed at the time and in the form specified by the Executive Committee.
b. In determining whether a school fulfills and can continue to fulfill the obligations of membership, the controlling issue is the overall quality of the school measured against the standards of quality articulated in the Requirements of Article 6. The statements of Approved Association Policy and the Regulations are designed to provide guidance in making this assessment. They are not meant to be taken as implying that formal compliance with their specific terms is necessarily equivalent to satisfaction of the qualitative requirements, or that departure from any of their specific terms is automatically demonstrative of qualitative failure.
c. A law school making application for membership shall pay to the Association an application fee to defray the indirect expenses of the Association in an amount established by the Executive Committee and such direct expenses incurred in connection with the application as are specified by the Executive Committee.
d. An applicant school may appeal to the House of Representatives the decision of the Executive Committee not to recommend it for membership. The grounds and procedures for the appeal shall be those specified by regulation adopted by the Executive Committee. Representatives of the applicant school are entitled to the privileges of the floor during the consideration of its appeal by the House.
Bylaw Section 6-1. Core Values
a. The obligations of membership imposed by this Article and the Executive Committee Regulations are intended to reflect the Association’s core values and distinctive role as a membership association, while according appropriate respect for the autonomy of its member schools.
b. The Association values and expects its member schools to value:
(i) a faculty composed primarily of full-time teachers/scholars who constitute a self-governing intellectual community engaged in the creation and dissemination of knowledge about law, legal processes, and legal systems, and who are devoted to fostering justice and public service in the legal community;
(ii) scholarship, academic freedom, and diversity of viewpoints;
(iii) a rigorous academic program built upon strong teaching in the context of a dynamic curriculum that is both broad and deep;
(iv) a diverse faculty and staff hired, promoted, and retained based on meeting and supporting high standards of teaching and scholarship and in accordance with principles of nondiscrimination; and
(v) selection of students based upon intellectual ability and personal potential for success in the study and practice of law, through a fair and nondiscriminatory process designed to produce a diverse student body and a broadly representative legal profession.
Bylaw Section 6-2. Admissions
a. A member school shall admit only those applicants whose applications have been evaluated pursuant to a process consistent with Bylaw 6-3 and who appear to have the capacity to meet its academic standards.
b. In order that appropriate intellectual rigor may be maintained, a member school shall admit to its first professional degree program only those applicants who have the level of intellectual maturity and accomplishment normally demonstrated by the award of an undergraduate degree.
c. A member school shall deal fairly with applicants for admission.
Bylaw Section 6-3. Diversity: Nondiscrimination and Affirmative Action.
a. A member school shall provide equality of opportunity in legal education for all persons, including faculty and employees with respect to hiring, continuation, promotion and tenure, applicants for admission, enrolled students, and graduates, without discrimination or segregation on the ground of race, color, religion, national origin, sex, age, disability, or sexual orientation.
b. A member school shall pursue a policy of providing its students and graduates with equal opportunity to obtain employment, without discrimination or segregation on the ground of race, color, religion, national origin, sex, age, disability, or sexual orientation. A member school shall communicate to each employer to whom it furnishes assistance and facilities for interviewing and other placement functions the school’s firm expectation that the employer will observe the principle of equal opportunity.
c. A member school shall seek to have a faculty, staff, and student body which are diverse with respect to race, color, and sex. A member school may pursue additional affirmative action objectives.
Bylaw Section 6-4. Faculty
a. A member school shall attract and maintain a faculty of high competence and suitable size, with a sufficient number of full-time faculty members to provide ready professional relationships among the faculty and between the faculty and the students and to offer a reasonably broad curriculum. “Full-time faculty member” means a faculty member who devotes substantially the entire time to the responsibilities of teacher, scholar, and educator. Professional activities outside the law school are not precluded if limited so as not to divert the faculty member from the primary interest and duty as a legal educator.
b. A member school shall have a full-time dean who devotes substantially the entire time to the responsibilities of dean.
c. A faculty’s competence shall by judged primarily with reference to the full-time members. Competence shall be determined in the aggregate, with emphasis upon the following criteria:
(i) Quality of teaching and attention given to law students both as individuals and as a group;
(ii) Breadth, depth, and variety of the faculty’s training and experience;
(iii) Scholarly interests and performance; and
(iv) Responsible participation in the group deliberative processes of the law faculty.
d. In each division of a member school’s program, each student shall have the opportunity to obtain substantially all of his or her instruction leading to the Juris Doctor degree from the school’s full-time faculty.
Bylaw Section 6-5. Law School Governance.
a. A member school shall vest in the faculty primary responsibility for determining institutional policy.
b. To determine institutional policy, the law faculty shall be properly constituted and organized, meet regularly according to orderly procedures, and maintain a record of its deliberations.
c. The faculty shall exercise substantial control over decanal and faculty appointments or changes in faculty status, such as promotions, tenure designations, and renewal or termination of term appointments. To enable the faculty to make the pertinent decisions, a member school shall employ procedures under which:
(i) The faculty (acting as a whole or by a representative portion determined by reasonable criteria), assembled in a meeting of which suitable notice has been given, makes the initial choice with respect to faculty appointments or changes in faculty status for submission through any intermediate approving authorities to the final appointing authority;
(ii) The faculty, individually or collectively, is consulted with respect to appointment of the dean before submission of any official recommendation to the final appointing authority, or, when no official recommendation is contemplated, before action by the final authority; and
(iii) Except in rare cases and for compelling reasons, no decanal, or faculty appointment or change in faculty status is made over the expressed opposition of the faculty (acting as a whole or by a representative portion determined by reasonable criteria).
Bylaw Section 6-6. Faculty Development.
a. A member school shall maintain conditions conducive to the faculty’s effective discharge of its teaching and scholarly responsibilities and service obligations.
b. A member school shall assign faculty teaching and scholarship responsibilities so as to permit the continuous and energetic study of new developments in the faculty members’ areas of interest and so as to be compatible with a climate of research in which faculty members may find opportunity to undertake investigations of their own choosing that will allow them to develop and continue as effective teachers and scholars.
c. A member school shall assist its faculty to discharge their responsibility to advance as well as to transmit ordered knowledge. To determine whether a school is fulfilling this obligation, the following factors shall be considered:
(i) Recognition accorded creative scholarship in the appointment and advancement of members of the faculty;
(ii) Number of teaching hours and subject matter areas for which each faculty member is responsible;
(iii) Policies and practices concerning reduced teaching loads, relief from committees or administrative assignments, and compensated or uncompensated leaves of absence in order to permit the faculty member to engage in creative scholarship;
(iv) Policies and practices concerning financial support for research assistants, field studies, travel, and related research activities;
(v) Adequacy of secretarial, library, and technology support; and
(vi) Percentage or amount of school’s budget allocated to research.
d. A faculty member shall have academic freedom and tenure in accordance with the principles of the American Association of University Professors.
e. A member school shall not limit the number of full-time faculty members who may be granted tenure.
Bylaw Section 6-7. Juris Doctor Degree Program; Curriculum and Pedagogy.
a. A member school shall maintain as its central academic feature a program of resident study and instruction leading to a Juris Doctor degree, the first professional degree in law. The school shall have a program of appropriate duration and rigor to assure its graduates have a comprehensive understanding of legal institutions and an appreciation for the role of law and lawyers in society, and that they are academically qualified to participate effectively and responsibly in the legal profession.
b. The curriculum of a member school shall be the result of a curriculum planning process by the faculty, which shall include a periodic review of the curriculum for its content and pedagogical effectiveness.
c. A member school shall provide varying methods of instruction related to its curricular objectives. These methods shall include significant opportunities for instruction on an individual or small-group basis and for instruction regarding professional skills.
d. A member school shall offer courses in a wide variety of fields often enough to afford students a meaningful opportunity for study and shall assure that every student receives significant instruction in legal writing and research.
Bylaw Section 6-8. Library.
a. A member school shall maintain a library adequate to support and encourage the instruction and research of its faculty and students. A law library of a member school shall possess or have ready access to a physical collection and other information resources that substantially:
(i) meet the research needs of its students, satisfy the demands of its curricular offerings, particularly in those respects in which student research is expected, and allows for the training of its students in the use of various research methodologies;
(ii) support the individual research interests of its faculty members;
(iii) serve any special research and educational objectives expressed by the school or implicit in its chosen role in legal education.
b. The library is an integral part of the law school and shall be organized and administered to perform its educational function and to assure a high standard of service.
c. A member school shall have a full-time librarian and a staff of sufficient number and with sufficient training to develop and maintain a high level of service to the program.
BylawSection 6-9. Physical Facilities and Technology.
A member school shall have an adequate physical plant and adequate technology to support a broad range of curricular offerings and the development of an intellectual community outside the classroom, and to support the research needs of its faculty and students.
Bylaw Section 6-10. Financial Resources.
a. A member school shall maintain a financial structure sufficiently strong to enable it to pursue excellence and to fulfill the obligations of membership.
b. The faculty’s judgment concerning the school’s opportunities and needs shall be given appropriate weight by the law school administration and by the university of which it is a part in the decisions regarding the allocation of resources so as to support the school’s ability to comply with the obligations of membership.
c. A member school, acting in consultation with faculty, shall have wide discretion, compatible with the university’s overall interests, to raise funds to supplement the financial support it receives from the university.
BYLAW ARTICLE 7. SANCTIONS
Section 7-1. Applicable Sanctions.
a. Prior to imposing or recommending a sanction, the Executive Committee shall, to the extent feasible, provide a member school with reasonable opportunity to correct noncompliance with the requirements of membership. In the event of a material failure to comply with the requirements of membership, a member school may be censured, placed on probation, suspended, or excluded from membership. Except in extraordinary circumstances, no school shall be suspended or excluded from membership unless it has been previously placed on probation.
b. Censure shall not result in the loss of the privileges of membership. Probation shall result in the loss of particular privileges of membership only if imposed by the Executive Committee and, if appealed, approved by the House of Representatives. Suspension shall result in a loss of the privileges of membership unless the Executive Committee recommends and the House of Representatives approves continuation of particular privileges. Exclusion shall result in the loss of all privileges of membership.
c. The imposition of any sanction shall be published in relevant publications of the Association.
Section 7-2. Action by the Executive Committee.
a. If the Executive Committee finds that a member school has materially failed to comply with the requirements of membership and concludes that a sanction should be imposed, it shall inform the dean and the chief executive officer of the institution of the deficiency and censure the member school or its parent institution or both, place the school on probation, or recommend to the House of Representatives that it take action to censure, place on probation, suspend, or exclude.
b. A member school may appeal to the House of Representatives for review of a sanction imposed by the Executive Committee by filing a written notice of appeal with the Executive Director within twenty days after notice is given of the initial decision by the Executive Committee to censure the member school or its parent institution or both or to place the school on probation. If the school appeals, the effect of the Executive Committee’s action shall be stayed until the House of Representative acts on the appeal. The procedures for the appeal shall be those specified by regulations adopted by the Executive Committee. The President shall take the steps necessary to assure the orderly and fair consideration of the appeal by the House. Representatives of the school are entitled to the privileges of the floor during the consideration of its appeal by the House.
Section 7-3. Action by the House of Representatives.
If the Executive Committee recommends that the House of Representatives take action with respect to a member school, the Executive Committee shall give the member school written notice of its recommendation at least one month before the House of Representatives meets to consider the recommendation. The House may not act with respect to a school’s membership without first obtaining a recommendation from the Executive Committee. Representatives of the school are entitled to the privileges of the floor during the House’s consideration of a recommendation for action.
Section 7-4. Duration of Sanctions; Reinstatement.
a. If the Executive Committee or the House of Representatives finds that a member school is in compliance with the requirements of membership, it shall remove the school from probation or suspension and restore the school to full membership.
b. A school may remain on probation for no more than two years, unless the Executive Committee, for good cause shown, extends the probation. If the Executive Committee finds that a member school that is on probation is not taking steps sufficient to bring it into compliance with the requirements of membership in a reasonable time, it shall recommend that the House suspend or exclude the school, whichever is appropriate. After two years, probation shall expire if the Executive Committee has not removed or extended probation or recommended to the House that it suspend or exclude the school.
c. The same procedures specified in Bylaw 7-2(b) shall apply to an appeal by a school from a decision by the Executive Committee not to remove the school from probation. If the House finds upon hearing such an appeal that the school is currently in compliance with the requirements of membership, then it shall remove the school from probation.
d. If a school whose membership is suspended is not restored to full membership at or before the second Annual Meeting after having been suspended, it is excluded from membership in the Association at the end of that Annual Meeting without further action by the House. For good cause shown, the Executive Committee may extend suspension for one year.
e. A school that has been excluded from membership may regain its membership by making an application for membership as any other nonmember school and by meeting the requirements therefore.
5.6 Access to a Site Evaluation Report and Executive Committee Response Thereto.
a. The site evaluation report on a member or applicant law school made on behalf of the Association, whether or not it is made on behalf of the American Bar Association also, shall be furnished to the dean of the school and the President of the institution. They shall be informed that the report is not for publication, but in the spirit of Bylaw Section 6-5, nothing in these regulations limits or impedes them from showing or giving a copy of the report to members of the full-time faculty and professional staff of the law school and the governing board and to officials in the university administration who have official reason to see the report.
b. The dean shall review the site evaluation report to determine whether it contains criticism of the professional performance, competence, or the behavior of an identifiable member of the school’s full-time faculty or professional staff. If the report contains this criticism, the dean shall make available to the person concerned the germane extract of the report and shall send the Executive Director a copy of the transmitting letter and of the extract. The member of the faculty or professional staff criticized in the report is entitled to submit in writing his or her comments on the statement in the report to the individuals who have received the report.
c. The dean of the law school and President of the institution shall be provided with the resolution or minute adopted by the Executive Committee in response to the site evaluation report and shall be informed that the resolution or minute may be published. The dean and President shall also be informed that those persons to whom subsection (a) authorizes them to show or give a copy of the inspection report are entitled to read or receive a copy of the resolution or minute. If denied access to the resolution or minute, a member of the full-time faculty may obtain a copy of the Association’s response from the Association’s office.
6-2.1 Evaluation of Applicants for Admission to the J.D. Program. In determining whether an applicant has the capacity to meet its academic standards, a member school shall consider the applicant’s undergraduate academic record, experience, and an admission test score or other indicia in a manner consistent with Bylaw 6-3. A decision to admit an applicant may be supported by a carefully evaluated academic record earned outside the United States. While an applicant’s dismissal or withdrawal from a law school, even if the result of low scholarship, may not necessarily indicate a lack of capacity to meet the admitting school’s academic standards, the admitting school must, nevertheless, require each applicant to make full written disclosure concerning prior attendance at any law school.
6-2.2 Financial Consideration. A member school may not permit financial considerations to distort its overall admissions policies either by admitting students who may appear to lack the capacity to meet the school’s academic standards to achieve enrollment targets or by making admissions determinations premised on student financial needs.
6-2.3 Recruitment. A member school shall provide to anyone requesting an application the following information: recent historical data regarding the academic qualifications of its student body, attrition rate, student activities and groups, and employment patterns of its graduates; and information concerning the school’s grading system, retention rules and procedures, nondiscrimination policies, and financial aid programs and policies.
6-2.4 Conditions of Admission. A member school may not distort an applicant’s choice of school by requiring an early response or a deposit beyond that necessary to protect the school and other applicants’ opportunities for admission or financial aid.
Executive Committee Regulations Pertaining to Bylaw 6-3
6-3.1 Law Schools with a Religious Affiliation or Purpose. It is not inconsistent with Bylaw Section 6-3(a) for a law school with a religious affiliation or purpose to adopt preferential admissions and employment practices that directly relate to the school’s religious affiliation or purpose so long as (1) notice of the practices is provided to members of the law school community (students, faculty and staff) before their affiliation with the school; (2) the practices do not interfere with the school’s provision of satisfactory legal education as provided for in these bylaws and regulations, whether because of lack of a sufficient intellectual diversity or for any other reason; (3) the practices are in compliance with Executive Committee Regulation Chapter 4.3, on Academic Freedom, as well as all other Bylaws and Executive Committee Regulations; (4) the practices do not discriminate on the ground of race, color, national origin, sex, age, disability or sexual orientation; and (5) the practices contain neither a blanket exclusion nor a limitation on the number of persons admitted or employed on religious grounds.
6-3.2 The Obligation to Provide Equal Opportunity to Obtain Employment Without Discrimination.
a. A member school shall inform employers of its obligation under Bylaw 6-3(b), and shall require employers, as a condition of obtaining any form of placement assistance or use of the school’s facilities, to provide an assurance of the employer’s willingness to observe the principles of equal opportunity stated in Bylaw 6-3(b).
b. A member school has an obligation to investigate any complaints concerning discriminatory practices against its students to assure that placement assistance and facilities are made available only to employers whose practices are consistent with the principles of equal opportunity stated in Bylaw 6-3(b).
Executive Committee Regulations Pertaining to Bylaw 6-4
6-4.1 Full-time Faculty Requirement. A member school demonstrates compliance with Bylaw 6-4(d) if in each division of its program, the school’s full-time faculty offer at least two-thirds of the credit hours or student-contact hours leading to the J.D. degree.
6-4.2 Limits on Outside Professional Activities. To determine whether outside professional activities are properly limited so as not to divert a full-time faculty member from the primary interest and duty as a legal educator, the following factors should be considered:
(i) The extent to which the outside activity coincides with the full-time teacher’s major fields of interest as a teacher and scholar;
(ii) The character of the professional activity as a source of novel and enriching experience that can be directly utilized in the person’s capacity as teacher and scholar;
(iii) The degree to which the demands of the outside activity interfere with the teacher’s regular presence in the law school and availability for consultation and interchange with students and colleagues; and
(iv) The extent to which the outside activity may properly be characterized as public service, as distinct from the pursuit of private purposes.
6-7.1 The Juris Doctor Degree Program.
a. A member school shall require, as a condition for award of the Juris Doctor degree, completion of a course of study in residence equivalent to six semesters for full-time students or equivalent to eight semesters for part-time students. The semester shall consist of a sufficient number of consecutive weeks of instruction (including preparation for and the taking of examinations) to assure a course of study that is adequately rigorous and of suitable scope to achieve the goals of Bylaw 6-7(a).
b. A member school shall arrange the curriculum and class schedule of its full-time program to require substantially the full working time of students enrolled therein. It is not inconsistent with this regulation for a law school to have, for example, different length semesters for first year students than for upper-class students, as well as mini-semesters and summer sessions.
6-7.2 Inappropriate Curricular Restrictions. A member school may not operate as though it were a commercial enterprise, relating its staff’s compensation to the number of students taught or to the fees received.
6-7.3 The Juris Doctor Degree Program in Special Circumstances. Schools may modify the normal duration of the Juris Doctor program to accommodate special circumstances of individual students. For example, schools that offer only a full-time program may establish a part-time program for an individual student with special needs. Thus, a law school may authorize a student to graduate in more than six semesters if a full-time student or eight semesters if a part-time student, if that student needs to take a reduced course load for one or more semesters. Similarly, in order to accommodate special circumstances of an individual student, a law school may authorize a student to graduate in fewer than six semesters if a full-time student, or eight semesters if a part-time student if that student carried a heavy course load in one or more semesters. In order to attain the goals of the Juris Doctor program articulated in Bylaw Section 6-7(a), a member school shall establish minimum and maximum limits on the duration of its program to assure that those individual students with special needs complete their course of study within a reasonable time.
6-7.4 Joint Degree Program. A member school may reduce the number of law school credit hours required for the Juris Doctor degree for those students who are completing a graduate degree in another field in a joint degree program, planned to assure appropriate integration of law with the other discipline if the law faculty approves the program as equivalent to its first professional degree program in rigor and pertinence to the study of law.
6-7.5 Academic Credit Earned at Another Institution.
a. In awarding a Juris Doctor degree, a member school may grant a student academic credit up to the equivalent of three semesters for full-time students or up to four semesters for part-time students, for work successfully completed at another member school and two semesters for full-time students or 2.6 semesters for part-time students for work successfully completed at a nonmember law school. Advanced standing for foreign study may be granted to a student being admitted to the law school either initially or as a transfer student but it shall not exceed one year.
b. If a member school permits a student who has already matriculated to earn academic credit for course work offered by a foreign institution, the academic credit allowed must be commensurate with the time and effort expended and the educational benefits derived by the student. In no case may a student obtain more than two semesters of academic credit for participation in foreign programs. The full-time faculty must approve each program in advance and shall periodically review the program for its academic content and benefit. For individual student-initiated study abroad, for which academic credit is sought, a full-time faculty member shall monitor each student’s experience to assure that the educational goals of the member school are being met.
c. A member school may seek a variance from the limitation of two semester credit for foreign study from the Executive Director, subject to review by the Executive Committee if the school and the foreign school have established, or seek to establish, a joint degree program by which students may receive degrees from both institutions by recognizing more than one semester’s credit at each as applicable toward their degrees.
6-7.6 Other Programs. A member school may provide other educational programs so long as the first professional degree program is not impaired. Before establishing such a program, the requirements of Executive Committee Regulation 8.2, Change of Operation of a School, should be reviewed to determine whether they apply.
6-7.7 Study and Instruction. A member school shall maintain a program of study and instruction approved by the full-time faculty. A member school may employ adjunct faculty primarily in advanced and specialized offerings if it maintains effective procedures for their selection, orientation and evaluation.
6-7.8 Evaluation of Student Performance. Evaluation of student performance shall, in primary part, be based on written work, such as written examinations, research papers, drafting exercises, or briefs. In addition, student performance may be evaluated on demonstrated ability to investigate, counsel, interview, negotiate, litigate, and to perform other lawyering activities.
6-7.9 Course content.
a. In order to effectively implement Bylaw 6-7(a), member schools shall offer courses in a wide variety of subject matters, and provide students with an opportunity to study some areas of the law in depth and to gain an understanding of the lawyer’s professional responsibility. Further, member schools are encouraged to offer instruction that develops jurisprudential, transnational, multicultural, and interdisciplinary perspectives on law, lawmaking, and legal practice.
b. In order to effectively implement Bylaw 6-7(c), member schools shall offer instruction that provides students with an opportunity to develop the skills of legal research, written and oral communication, and critical analysis of primary legal materials. Further, member schools are encouraged to offer additional instruction in dispute resolution, planning and problem solving, drafting and counseling.
6-7.10 Externship Programs.
a. If a member school offers opportunities for students to obtain credit for educationally worthwhile experiences obtained in a legal office, including, but not limited to, clerkships with the judiciary, public policy institutes, legislative bodies, international organizations, or legal practice settings, the academic credit allowed must be commensurate with the time and effort expended and the educational benefits derived by the student.
b. In order to ensure the academic value of externship programs, a member law school with an externship program shall set out the goals and methods of the program and explain how the program’s structure is designed to achieve those goals. The faculty shall approve the introduction of any such program and remain responsible for ensuring that the program is meeting its objectives.
c. Member schools are encouraged to include an academic component designed to prepare students to participate effectively as externs and to enable students to derive substantial educational benefits from their externship. The academic component should be taught by one who has the necessary expertise and who is selected and reviewed in the same manner as persons responsible for teaching other courses in the academic program.
6-8.1 Library Governance.
a. In order to ensure that the library policies appropriately reflect and advance the teaching and research objectives of the law school, the library shall formulate its policies with faculty participation.
b. The law library shall have sufficient autonomy within the university in matters of administration, including budget and personnel, to assure a high standard of service.
6-8.2 Planning. A member school, with the participation of the librarian and faculty, shall prepare, periodically review, and implement a written plan of library development, identifying in detail steps appropriate and resources sufficient to achieve its objectives, including appropriate growth of the collection, sufficient personnel to provide services, suitable physical facilities, and an effective system for facilitating access to materials.
6-8.3 Maintaining Physical Condition of Collection. The law library shall assure the preservation of its collection, including binding, restoring, and microforming. It shall also have a preservation program to maintain any unique hard copy materials it possesses.
6-8.4 Access to Information Resources. In order to support and encourage the instruction and research of its faculty and students, the law library shall offer reasonable access in terms of time and form to a wide array of matters including central collections, databases, jointly held special collections, numerous supportive interdisciplinary materials, and other types of off-site auxiliary resources.
6-8.5 Conditions Conducive to Library Use.
a. The law library shall be designed, organized, equipped, operated, and have adequate space to contribute to efficient, comfortable, and productive use by its patrons, and to provide access to appropriate research technology.
b. The law library shall be designed, organized, and equipped to enable its staff to carry out research, teaching, and administrative responsibilities. The director of the library shall be provided with a separate and conveniently located office to allow for interaction among the director, staff and students.
6-8.6 Staffing of the Library.
a. The director of the library should have both legal and library education and should be a full participating member of the faculty.
b. A member school shall have at least one professional librarian in attendance at all times when there is substantial use of the library.
6-9.1 Technology Planning. In order to ensure that member schools take appropriate advantage of available technology to enhance classroom instruction, the research needs of their faculty and students, and the administrative systems supporting the school’s programs, a member school, with the participation of the faculty, shall prepare, implement, and maintain a written plan for the introduction, use, and replacement of technology. This plan shall identify in detail the steps appropriate and the resources sufficient to achieve its objectives.
6-9.2 Faculty Support. In order to allow interaction between faculty and students and to enhance faculty research, the law school shall provide each full-time faculty member with a separate and conveniently located office.
6-10.1 Fundraising. Any funds raised by or on behalf of a member school should be used for program enrichment and not as a replacement for basic university support.
CHAPTER 7. PROCEDURES FOR ADMISSION TO OR WITHDRAWAL FROM MEMBERSHIP IN THE ASSOCIATION; PROCEDURES FOR APPEALS FROM DECISIONS TO NOT RECOMMEND MEMBERSHIP OR TO IMPOSE SANCTIONS
7.1 Application for Membership.
a. Time for Making Application. A law school seeking membership shall, at least 21 months before the Annual Meeting at which it seeks to have its application for membership considered by the House of Representatives, notify the Executive Director of its intention to file an application, 13 months before that Annual Meeting it shall file a notice of readiness, and at least 11 months before that Annual Meeting shall file its application for membership.
b. When a School Is Eligible to Be Admitted. A law school may not be admitted to membership in the Association until it has offered five years of instruction and has graduated its third class.
c. Application Fee-Site Evaluation Expenses. An applicant for membership in the Association shall upon making application pay an application fee of $20,000. The applicant school shall also reimburse each member of the team who inspects the school in connection with the application for all expenses reasonably incurred in making the site evaluation and preparing the site evaluation report and the member of the site evaluation team designated to confer with the Membership Review Committee concerning the site evaluation for all expenses reasonably incurred in attending the conference with the Membership Review Committee.
d. Withdrawal of Application for Membership. A law school that has applied for membership may withdraw its application without prejudice at any time before a final decision on its application is made by the Executive Committee. A law school that withdraws its application for membership after an Executive Committee decision to deny the application shall not be permitted to renew its application or file a new application until 24 months thereafter.
7.2 Appeals from Executive Committee Decision to Not Recommend Membership or to Impose Sanctions.
a. Appeal by Applicant for Membership. If after consideration of a law school’s application for membership and reports in connection therewith, the Executive Committee decides not to recommend that the House of Representatives admit the school to membership, the applicant school may appeal this decision to the House by giving written notice thereof to the Executive Director within ten days after notice of the decision is mailed to the applicant school. The appeal shall be on the ground that the Executive Committee improperly applied a bylaw or Executive Committee regulation to the school and its program in determining not to recommend the school for membership.
b. Appeal by Member School from Action by the Executive Committee Under Bylaw Secs. 7-2 and 7-3. A member school may appeal to the House of Representatives a decision of the Executive Committee to censure a school or place it on probation by filing a written notice of appeal with the Executive Director within 20 days after notice of the censure or probation by the Executive Committee is given [Bylaw 7-2(b)]. If the Executive Committee recommends that the House of Representatives suspend or exclude a member school, the Executive Committee shall give the member school written notice of its recommendation at least one month before the House of Representatives meets to consider the recommendation [Bylaw 7-3].
c. Procedures for Consideration of Appeals Under Either a or b.
1. The Executive Director shall prepare a statement of the pertinent facts concerning the school and its program. If the President of the Association and the dean of the law school cannot agree to the statement, the President, after consulting the dean and chief executive officer of its institution, shall designate an impartial person to prepare the statement. This person shall determine the procedure for formulating this statement. The school shall pay the cost of preparing the statement of facts.
2. Within 10 days after the statement of facts is formulated, the Executive Director shall send it to the members of the House. The Executive Director shall also send to the House the statements prepared on behalf of the school that is bringing the appeal and the Executive Committee describing, in the case of an applicant school, the different interpretations of the bylaw and Executive Committee regulation and the reasons thereof, and, in the case of a sanctioned member, the opposing arguments concerning whether the school is materially failing to meet the requirements of membership and whether it has taken or is taking steps that will bring it into compliance, and when.
3. At the next Annual Meeting held 20 or more days after these statements are mailed, the House shall consider the appeal. The President shall take the steps necessary to assure the orderly and fair consideration of the appeal by the House. Representatives of the school are entitled to the privileges of the floor during the consideration of its appeal by the House. The pendency of the appeal does not preclude further consideration of the issues by the Executive Committee on its own motion and consequent modification of its action or recommendation.
7.3 Withdrawal from Membership. A member school may withdraw from membership (1) by non-payment of membership dues [Bylaw 2-3[b]], or (2) by sending written notice of withdrawal, signed by the dean of the law school and the chief executive officer of the sponsoring institution, to the Executive Director (no refund of membership dues will be allowed in the event of withdrawal).
CHAPTER 8. RECORDS AND REPORTS
8.1 Compliance Reports. A member school is obligated to make reports periodically or on particular occasions as may be directed by the Executive Committee to disclose whether or not it has fulfilled the obligations of membership in the Association.
8.2 Change of Operation of a School.
a. A member school which contemplates a significant change in its operation shall report its plans and undergo review as specified below. A significant change in operation means a major programmatic, locational, or institutional change, including but not limited to the following: creation of a new full- or part-time first degree program; creation of a new division; establishment of a branch at a new location; relocation of the school’s principal campus to a new and substantially different site; the transfer in whole or part of the school and its program to a new entity; merger with a university or education entity which had not previously been affiliated with the school; creation of or affiliation with a related or subsidiary educational entity for the purpose of providing legal education; and closure of a school or a related or subsidiary education entity.
b. A member school shall report fully to the Executive Committee and allow for Executive Committee review before implementing a significant change in operation. The school’s report shall address its present fulfillment of the Association’s requirements and declared policies; the school’s objectives in making the proposed change; the character of the change; the effects of the change on the school’s existing program and operations; and the school’s anticipated ability to comply with membership requirements in connection with its implementation of the proposed change and the school’s future operations. However, in the case of a (1) transfer in whole or part of the school and its program to a new entity, (2) merger, (3) affiliation with a university or education entity that had not previously been connected with the school, or (4) change in the governance structure of a law school, the member school may, if circumstances justify delay, notify and report to the Executive Committee immediately after the transfer, merger, affiliation, or change in governance structure has occurred. When the school’s circumstances justify delay reporting to the Executive Committee, the report should also identify and explain those circumstances.
c. The Executive Committee shall review the report of the member school to determine whether the school is in compliance with the requirements of membership, and whether it appears that the school will continue to be so with regard to all facets of its operation after the change is made. The Executive Committee may reach a decision on these questions or may defer a final determination pending receipt of additional information concerning the school’s initial experience in implementing the change. The Executive Committee may require an inspection of the school at the school’s expense to assist it in making this determination. If the Executive Committee requires such an inspection of a member school that has completed a transfer, merger, affiliation, or change in governance structure, the member school’s membership in the Association will be continued contingent on the school’s remaining in compliance with the Association’s membership requirements.
d. If, in the course of its review, the Executive Committee concludes that the proposed change involves a sufficient modification of the school so as to warrant separate consideration of the change for membership review purposes, it may advise the school that additional review under Chapter 7 of these regulations will be required before a final determination can be made concerning the membership status of the school or certain of its affiliated programs. In making this determination, the Executive Committee shall consider such elements as existing arrangements and anticipated changes in the character of the school’s educational programs; student recruitment and enrollment patterns; faculty hiring, teaching assignments and participation in governance; relationships between the dean, faculty, other administrators, staff and students; arrangements for provision of educational, library and student services; and financial and institutional relationships between the school and related entities.