Academic Policies and Procedures

 

Attendance

Success in law studies requires that students devote their full time to the work of the school. The Faculty advises all students to avoid outside employment unless absolutely necessary.

No credit is allowed for work done in absentia. Leave of absence is not permitted except in unusual circumstances. Students in good standing who are permitted to withdraw can rejoin the Faculty of Law subject to the regulations in force at the time they apply to re-enter. Failure to attend classes, seminars, appointments or examinations without good cause constitutes a ground for exclusion from the Faculty.

The right to sit for examinations or to submit work for evaluation is conditional upon regular class attendance and participation in required exercises. An instructor, with the approval of the Associate Dean (Academic), may refuse to evaluate all or part of a student's work where attendance has not been regular.

Permission to Register in Individual Course

A student registered in another faculty at Western may, upon application, be granted permission to register in one full or equivalent course offered by the Faculty of Law. Such registration occurs at the discretion of the student's dean and the dean of the Faculty of Law. Students granted such permission will be granted in the same way as regular students in the course; however, they can obtain no credit toward a Bachelor of Laws degree in this manner.

Evaluation

Course descriptions must set out clearly the contents of the course and the method of evaluation. These may not be changed after they have been published without the instructor's and students' agreement. Instructors should be as specific as possible about the method of evaluation. While it may not be essential to indicate whether an examination is open or closed book, it is preferable to provide students with this information at the outset of the course.

In upper-year courses, a final examination may count for more than 75% of a student's final grade only if the student (i) has been given the option of a final examination worth 75% or less, and (ii) has declined that option. First year courses (with the exception of Legal Research, Writing and Advocacy) run the full academic year, with mid-term examinations held in December worth at least 20% and not more than 30% of the student's final grade in the course.

The Faculty uses a system of anonymous marking, and students are issued exam numbers each term. These numbers are the only identification used by students on examination papers. They may also be used for other methods of evaluation.

No more than 75% of a student's final grade in a course may be assessed on the basis of group work. This rule does not apply to a research paper undertaken as a joint Individual Research project for which a group of students has received approval. 'Group work' means an assignment submitted by two or more students for which there is a single overall evaluation with one common mark allotted to all students in the group.

No more than 20% of the final grade in a course may be for class participation. The basis for the participation component must be clearly stated.

A student who has an unexcused absence from an examination, or an unexcused failure to submit an assignment or complete a course component, will receive an F for the examination, assignment or course component.

Grading Rules

The Faculty of Law uses the following grade designations:

Grades Grade Meanings Numeric Values
A+ Excellent 90-100
A Excellent 85-89
A- Excellent 80-84
B+ Good 77-79
B Good 73-76
B- Good 70-72
C+ Competent 67-69
C Competent 63-66
C- Barely Competent 60-62
D Marginal Pass 50-59
F Fail 0-49
PAS Pass  
FAI Fail  
AUD Audit  
WDN Withdrawn  
INC Work is Incomplete  

Students receive only a letter grade for each subject. The numeric values are used for letter grade calculation only.

The "PAS" and "FAI" designations are used only in courses identified specifically as being graded on a pass/fail basis. This pass/fail designation is used also for grades obtained on exchanges. A grade of "FAI" is treated the same as an "F" grade.

In any course not identified specifically as being graded on a pass/fail basis, no components of any student's grade in the course can be assessed on a pass/fail basis.

The class average in an upper-year course of 25 or fewer students must be between 74.0 – 79.0.  The class average in an upper-year course of more than 25 students and in all first-year courses must be between 74.0 – 76.0.  Grades in the “F” range will be excluded from the calculation of class averages. These grading rules do not apply to independent research projects, supplemental writing credits, courses in which students participate in external advocacy competitions, or to internships or externships with fewer than five enrolled students.

For the purposes of calculating class averages and the overall average of individual students, including the determination of Honors standing, final letter grades for each student are assigned the following fixed numeric values:

Grades Fixed Numeric Value
A+ 92
A 87
A- 82
B+ 78
B 75
B- 71
C+ 68
C 65
C- 61
D 58
F 45

Individual grades assigned by instructors remain provisional until they are approved at the Faculty of Law Grades Meeting. The grades assigned by instructors must comply with the applicable class average requirements and must be submitted, together with electronic evidence demonstrating such compliance, in the form stipulated by the Assistant Dean, Student Services. However, after grades have been assigned, the Faculty has the discretion, at a Faculty of Law Grades Meeting, to waive the class average requirements. If an instructor wishes to seek an exemption from the class average requirements, he or she must apply to the Faculty at a grades meeting, indicating the reasons for the application and providing the grades he or she wishes to assign, along with an alternative set of compliant grades.

In the case of a class with fewer than six students, an instructor who has submitted non-compliant grades is not required to submit at the same time an alternative set of compliant grades.

Supplemental Assessments

A student who has failed a course is normally entitled to write a supplemental assessment to attempt to obtain credit for the course.

A student is not entitled to write a supplemental assessment if:

  1. The student obtained, prior to writing any supplemental assessment, more than one grade of F in first year or more than one grade of F in any single term of an upper year;
  2. The student failed to demonstrate a reasonable or good faith effort to fulfill the academic requirements of the failed course; or
  3. The grade of F in the course was attributable, in whole or in part, to the commission of a scholastic offence, as defined by university policy on scholastic offences, and the Associate Dean (Academic) has determined through that policy that the student should not be entitled to write a supplemental assessment. 

If an instructor alleges that a student failed to demonstrate a reasonable or good faith effort to fulfill the academic requirements of a failed course, the Associate Dean (Academic) shall determine whether the allegation is valid. Before making a final determination, the Associate Dean (Academic) shall first give the failing student notice of the allegation, including the reasons for it, and provide the student a reasonable opportunity to explain how he or she did demonstrate a reasonable and good faith effort.

A student who fails a course and is not entitled to write a supplemental assessment receives a final grade of F in the course.

A student who is entitled to write a supplemental assessment but does not do so receives a final grade of F in the course.

A student who is entitled to write a supplemental assessment must obtain a minimum grade of C on the assessment to pass and thereby obtain credit for the course. If the student obtains a C or better on the assessment, the original grade of F remains on the transcript with a notation that the course has been “passed by supplemental”. If the student does not obtain a C or better on the supplemental assessment, the student receives a final grade of F in the course.

Normally, a supplemental assessment will take the same form as the original assessment. However, it is within the instructor's discretion to select another form of supplemental assessment.

Progression

Unless given academic accommodation, a student must enrol in enough courses to meet the minimum term and annual credit requirements stipulated in the Faculty’s Academic Program. A student who fails to meet the minimum credit requirements of a given term or year for reasons other than failing a course must spend the next term only making up the missing credits. In that next term, the student is only entitled to enrol in the minimum number of courses necessary to make up the missing credits. No additional courses can be taken until after the missing credits have been earned.

A student earns no credit for any course in which the student receives a final grade of F. A failed course for which a student receives no credit does not fulfill any Law program requirements. If the student is entitled to remain enrolled in the Faculty, the student must make up any missing credits in a later term designated by the Associate Dean (Academic). The student is only required to make up credits to the extent necessary to meet, after the fact, the minimum credit requirements for the term and year in which the student obtained the final grade of F.

A student who obtains a final grade of F in a course in the winter term of third-year, and who is entitled to remain enrolled in the Faculty, may return in a fourth year to make up the missing credits. The student is only entitled to take a maximum of two courses. The course or courses must be taken in the fall term.

A student who obtains a final grade of F in a course, and who is entitled to remain enrolled in the Faculty, is normally permitted, but not required, to re-take the failed course in a later term. In appropriate circumstances, the Associate Dean (Academic) may deny such permission.

Continuing Enrolment

Continuing enrolment in the Faculty of Law is conditional on a student demonstrating sufficient academic competence. A student will be required to withdraw from the Faculty in any of the following situations:

  1. Over the course of a student’s enrolment in the Faculty, the student accumulates any of the following combinations of final grades:
    1. Two or more grades of F;
    2. One grade of F plus two or more grades of D;
    3. One grade of F plus, collectively, three or more grades of D and/or C-;
    4. Collectively, five or more grades of D and/or C-.
  2. A student obtains a final grade of F in any compulsory course.

For greater certainty,

  1. A compulsory course is any course specified in the Faculty’s Academic Program as one that a student must take;
  2. In a pass/fail course, a fail will be considered a final grade of F and a pass will not count as a grade of F, D or C-;
  3. A student shall be deemed not to have obtained a final grade of F, D or C- in a course if the student initially receives a failing grade but later passes the course by supplemental assessment.

Before requiring a student to withdraw, the Associate Dean (Academic) shall arrange for a review of all final grades of C- or lower in all courses taken by the student. This review will include re-reading of all the student’s examination papers to verify the accuracy of the marking process.

Despite the above, the Dean may grant a student who is required to withdraw permission to remain enrolled, subject to any conditions the Dean deems appropriate. Before making a final decision, the Dean shall first inform the student of the outcome(s) of the aforementioned review and give the student an opportunity to explain why he or she should be permitted to remain enrolled.

Prerequisites

A student may not take a course for which there is a prerequisite if the final grade obtained in the prerequisite was an F.

Process

The Faculty of Law uses the Gradebook in OWL to record grades.  It is the responsibility of all instructors to enter their students’ final grades, and for first year full-year courses, their students’ mid-term examination grades into this program.

The deadline for entering grades is: (a) in courses with a final examination, one week following the writing of the examination; and (b) in courses without a final examination, one week after the last day of classes.

An instructor does not have the authority to unilaterally change a students' final grade after it has been submitted to the Students Services Office. However, if an instructor discovers a mathematical or other technical error in a grade that has been submitted, he or she should contact the Student Services Office as soon as possible to officially record the appropriate grade.

The Faculty has the right to alter course grades at the grades meeting. The Dean or Associate Dean (Academic) will alert an instructor if his or her grades appear to be anomalous and may seek an explanation.

Examinations

Examinations, where applicable, are held at the end of term. They are graded anonymously.

Although first-year courses run the full year, part of the evaluation in them is based on examinations in December. These examinations are intended to give first-year students experience in analyzing facts, identifying legal issues, and solving problems through the reasoned and critical application of legal principles.

The onus is on the student when choosing courses to ensure that there are no examination conflicts, including (if the dates and times are known) those in courses given outside the Faculty of Law.

Permission to reschedule an examination may only be given in very exceptional circumstances at the discretion of the Associate Dean (Academic). Students must not schedule holidays or employment in conflict with examinations. A rescheduled examination will not be granted for these reasons.

Non-attendance at an examination results in the student receiving no credit for the examination requirement.

If a student is unable to write an exam due to an unforseen circumstance, the Assistant Dean (Student Services) in the Student Services Office must be contacted prior to the start of an exam.

Special arrangements for final exams cannot be made directly with the instructor.

If a student wishes to seek special consideration on medical, compassionate, or other grounds, relevant documentation must be submitted in advance to the Student Services Office (Room 241). Submissions after the event will be considered only in compelling and unusual circumstances at the discretion of the Associate Dean (Academic).

Students are not permitted to leave the examination room during the last ten minutes of an exam. This policy was adopted to avoid the noise caused when students are packing up to leave, disrupting the concentration of those still remaining.

Final examination papers are not returned to students and are retained by the Faculty for a period of one year.

After course grades have been released, examinations will not be re-graded except under special circumstances as specified by the University. An instructor cannot unilaterally alter a final grade.

Exam Numbers

The Faculty of Law at Western evaluates students on an objective basis through the use of anonymous marking. Towards the end of September students are issued a four-digit exam number which is to be used as the only form of identification on all examinations.

Professors may request that certain course assignments also be submitted identified only by exam number.

Students are issued a new exam number in January for all second term examinations.

The list of student names and corresponding exam numbers is kept in confidence in the Student Services Office. Professors do not have access to this list.

Financial Responsibility

Please refer to the Registrar's web site for current information regarding Fees and Financial Responsibility.

Grade Reports and Transcripts

Unofficial grade reports may be obtained from Student Center. This is usually sufficient for job applications. (In Student Center look under Academics - Documents for "Web Academic Report" and follow the prompts.) 

A transcript is an official copy of a student's permanent academic record at Western, duly certified by the Registrar and bearing the embossed seal of the University.

A transcript is privileged information and is available only upon the written request and payment of a fee ($15 for each copy) by the student.

Transcript order forms are available in the Registrar's Office (Western Student Services Building) or directly from the Registrar's website.

Honors

A student who achieves an average of at least "B" on a full year's work as defined by the program, and who is in the top 10% of the class, is named to the Dean's Honor List.

Students who attend another law school as part of the exchange program are considered for the Dean's Honor List on the basis of the term undertaken at the University of Western Ontario and not the term at the school where the student attended on exchange.

Students in any year who attend another law school on a letter of permission from Western, and students in any year who attend the Faculty of Law on a letter of permission from another law school, are not considered for the Dean's Honor List in that year.

Only the grades earned in courses taken at the Faculty of Law in a particular year (provided those courses total at least 14 credit hours) are used to calculate a student's standing for an overall achievement award in that year.

A student who is on the Dean's Honor List for at least two of the three years at the Faculty of Law and who obtains a cumulative average of at least "B" over the three years shall graduate With Distinction.

The winner of awards or prizes for the highest marks in a particular subject will be determined without regard to whether the student has received other prizes or awards.

Instructor / Course Evaluations

Honest and serious participation by students in this process is greatly appreciated by the Administration of the Law School. The course evaluation process is outlined below for your information. The Dean and Associate Dean carefully consider the results in making decisions about:

  • how and when courses will be offered
  • which professors will teach which courses
  • the size of classes assigned to professors
  • which courses will be offered or not offered each year (ie, cycling courses)

Evaluations are conducted twice during the academic year, once near the end of each term. Evaluations are done electronically through the university’s Feedback System.

The results are available in June. One copy of the computer results is given to the Dean. The instructor receives a copy of the computer results for each course he/she teaches as well as any questionnaires with comments. The instructor is the only person to read the comments.

Previous Instructor and Course Evaluations are available. [Western ID required]

Leaves of Absence

A student must obtain written permission from the Associate Dean (Academic) before beginning any leave of absence.

Leaves of absence are normally granted only to allow a student to complete another educational program elsewhere, or for pressing personal or medical reasons, and are usually limited to one academic year.

A student who takes a leave without obtaining the Associate Dean's written permission forfeits the privilege of enrolling for subsequent terms.

Professional Responsibility

Success in law school requires that students devote their full time to their work at the school.

The Faculty advises all students to avoid outside employment unless absolutely necessary. No credit is allowed for work done in absentia.

Students in good standing who are permitted to withdraw can rejoin the Faculty of Law subject to the regulations in force at the time they apply to re-enter.

Failure to attend classes, seminars, appointments or examinations without good cause constitutes a ground for exclusion from the Faculty.

The right to sit for examinations or to submit work for evaluation is conditional upon regular class attendance and participation in required exercises.

An instructor, with the approval of the Associate Dean (Academic), may refuse to evaluate all or part of a student's work where attendance has not been regular.

Scholastic Offences

Scholastic offences include, but are not limited to, the following:

  1. Plagiarism, which may be defined as "The act of appropriating the literary composition of another, or parts or passages of his/her writings, or the ideas or language of the same, and passing them off as the product of one's own mind." Excerpted from H.C. Black, Black's Law Dictionary, West Publishing Co., 1979, 5th ed., p. 1035. This concept applies with equal force to all assignments including laboratory reports, diagrams, and computer projects.
  2. Cheating on an examination or falsifying material subject to academic evaluation.
  3. Submitting false or fraudulent assignments or credentials; or falsifying records, transcripts or other academic documents.
  4. Submitting a false medical or other such certificate under false pretences.
  5. Improperly obtaining, through theft, bribery, collusion or otherwise, an examination paper prior to the date and time for writing such an examination.
  6. Impersonating a candidate or availing oneself of the results of such impersonation. Impersonating a candidate at an examination is also an offence under the Criminal Code of Canada.
  7. Intentionally interfering in any way with any person's scholastic work.
  8. Submitting for credit in any course or program of study, without the knowledge and approval of the instructor to whom it is submitted, any academic work for which credit has been obtained or is being sought in another course or program of study in the University or elsewhere.
  9. Misappropriation or defacement of university property.
  10. Aiding or abetting any such offence.

Penalties

A student guilty of a scholastic offence may be subject to the imposition of one or more penalties, of which those listed below shall be exemplary:

  1. Reprimand.
  2. Requirement that the student repeat and resubmit the assignment.
  3. Refusal of a passing grade in the assignment.
  4. Refusal of a passing grade in the course in which the offence was committed.
  5. Refusal of a passing grade in the year.
  6. Suspension from the University for up to, but not more than, three academic years or for a portion of one academic year including the academic session in which the student is currently registered.
  7. Expulsion from the University.

A student who impersonates a candidate during an examination or avails himself or herself of the results of such impersonation, will be liable to criminal prosecution in addition to receiving academic penalties.

Scholastic offences will normally be dealt with in the first instance by the instructor. The instructor may, however, refer such cases to the Dean. The Dean will maintain a record of all such cases referred to the Dean's Office.

The entries on the transcript indicating suspension, readmission and expulsion will be considered permanent entries and will appear on the student's record, including transcripts.

Sanctions for Academic and Other Offences

Registration in the University and the right of free access to the library, residences, specialized equipment or other University facilities implies a commitment on the part of a student to use such facilities in accordance with established rules. A student not fulfilling these obligations becomes liable to the imposition of academic sanctions.

In instances of non-payment of prescribed fees or fines and/or bills, or of delinquency in the return or replacement of University property on loan, the University shall seal the academic record and no information will be released. In addition, the University shall:

  1. Not issue a Grade Report.
  2. Not issue a Permit to Register.
  3. Not issue a transcript or degree diploma.
  4. Not permit admission or readmission.
  5. Not permit further registration.

Students will be notified by registered mail of any overdue account before the record is sealed, except when outstanding tuition fees and/or University loans are involved, in which case notification by registered mail will occur prior to deregistration. Upon notification, students may appeal any action to be taken by the University to the Department(s) involved.

The above prohibitions shall be in force until such time as indebtedness to the University, including payment of the fee for removal of the seal, has been cleared to the satisfaction of the University.

Religious Holidays

When scheduling unavoidably conflicts with religious holidays, which make it impossible for the student to satisfy the scheduled academic requirements, no student will be penalized for absence because of religious reasons, and alternative means will be sought for satisfying the academic requirements.

If a suitable arrangement cannot be worked out between the student and instructor, they should consult the Associate Dean (Academic). It is the responsibility of such students to inform themselves concerning the work done in classes from which they are absent and to take appropriate action.

A student who is unable to write an examination on a Sabbath or Holy Day shall notify the Student Services Office in writing as early as possible, but not later than November 15th for December examinations and March 1st for April examinations.

In the case of term tests, the student must notify the instructor in writing within 48 hours of the announcement of the term test. The instructor in the case of term tests or the Student Services Office in the case of December and April examinations will make special arrangements for the test or exam to be written at another time.

Students seeking accommodations under this policy must give the appropriate notice before the specified deadlines. If such notice is provided, the Faculty is required to accommodate these requests.

For purposes of this policy, the University has approved a list of recognized religious holidays.

This list is updated annually and is available at the Equity Office.

Academic Appeals

This document sets out the information relevant to student appeals in the Faculty of Law. Students considering an appeal should review this information carefully before proceeding.

A student may appeal to the Dean requesting an exemption from a regulation, a change in a final standing in a course or program, or a change in a particular grade. All appeals must be in writing and state the relief requested and the grounds relied upon. The appeal must fully set out the evidence supporting the appeal and include any appropriate documentation. An appeal must be filed within the deadlines stipulated below, although it is in the student's interest to act promptly and initiate the appeal as expeditiously as possible.

Appeal Grounds

The grounds for an appeal may be one or more of: medical or compassionate circumstances, extenuating circumstances beyond the appellant's control, bias, inaccuracy, or unfairness. All grounds advanced in an appeal must be supported by a clear and detailed explanation of the reasons for the requested relief together with all relevant supporting documentation.

In the case of medical, compassionate, or extenuating circumstances beyond the appellant's control, the Dean may take into account whether the student took any steps to seek academic consideration or accommodation. Students who did not seek academic consideration or accommodation should explain their reasons for not doing so.

Although a re-evaluation is a possible remedy that the Dean may grant for a successful appeal, the appeal process itself is not designed to re-evaluate the student's work. In the absence of a clear error that renders the original grade unsupportable, an appeal that is essentially an invitation to second-guess the original evaluation will be dismissed. A student's mere dissatisfaction with a grade does not constitute a ground of appeal. Similarly, a claim that the grade does not reflect the student's knowledge of the material or the effort expended on an assessment or course is not a valid appeal ground.

A student's ignorance of Senate regulations and policies, particular program requirements and policies as set out in the University Calendar, or specific course requirements does not constitute grounds for an appeal.

Appeal Procedure

A student wishing to appeal a particular grade on grounds of bias, inaccuracy, or unfairness must first consult with the relevant instructor (unless it is impossible to do so). A course instructor has no power to change a final grade but may offer an explanation for the grade or even support a change in the grade. An appeal to the Dean should describe the consultation with the instructor and the result thereof.

If the instructor supports a change in the grade based on bias, inaccuracy, or unfairness and the student agrees with the change, the instructor or student may communicate the proposed change to the Dean. The Dean has the discretion to accept the change, reject it, or require further information, but if the Dean accepts it in writing no further steps are necessary. If no change acceptable to both the instructor and student is proposed, if the Dean rejects a proposed change, or if the instructor cannot or will not be available within a reasonable time period, a written appeal may be submitted by the student to the Dean.

A student need not consult with the relevant instructor if the appeal will be based solely on medical or compassionate circumstances or extenuating circumstances beyond the appellant’s control; the student may appeal directly to the Dean. If the appeal will be based partly but not entirely on medical or compassionate circumstances or extenuating circumstances beyond the appellant’s control, the student need consult with the instructor only on the part of the appeal relating to the alleged bias, inaccuracy, or unfairness.

The written appeal to the Dean need not be lengthy but should clearly indicate detailed reasons for the appeal and include all relevant supporting documentation. The appeal must, at minimum, state (1) the precise ground(s) of appeal; (2) the evidence in support of the claimed ground(s); and (3) the relief requested. The onus is on the student to establish the ground(s) of appeal and prove the supporting evidence on the balance of probabilities.

After receipt of a written appeal, the Dean may refer the matter for advice to such other person(s) as the Dean considers appropriate. The Dean, or any advisory person(s) to whom the appeal has been referred, may elect to conduct a hearing, in which case the student appealing will be informed and given the opportunity to appear.

In all cases, the Dean shall decide the appeal and communicate the decision to the student in writing.

Deadlines

  1. Grades: A student is not entitled to appeal a course grade until after the student receives a final grade in the course. The informal consultation with the instructor, if required, should be initiated as soon as possible after the final grade is posted. The written appeal must be submitted to the Dean by the following dates:
    Fall Term grades: March 1
    Winter Term (including January intensive period) grades: June 30
  2. Program eligibility and progression: Any appeal against a decision concerning program eligibility must be made to the Dean in writing by June 30.
  3. Other matters: Appeals regarding other matters not related to the normal completion of a course during a regular academic session (including appeals against grades in a Special Examination, satisfaction of "Incomplete" requirements, etc.), must be made in writing within three weeks of a grade or decision being communicated to the student.

Non-Law Appeals

In the case of appeals concerning courses not offered by the Faculty of Law, for a request for relief relating to:

(a) the grade on a piece of work or final standing in a course or a regulation relating to a specific course, the relevant Dean will be the Dean of the Faculty offering that course or an authorized delegate; and
(b) enrolment in a specific program, the relevant Dean will be the Dean of the Faculty offering that program or an authorized delegate.

Further Appeals

The Dean’s rulings in academic matters are final unless overturned or modified on appeal to the Senate Review Board Academic (SRBA). SRBA is the final body to which students may appeal certain rulings of Deans in academic matters, and its decisions are final. A Dean's decision that is appealed to SRBA remains in full force and effect unless overturned or modified by SRBA.