Academic Standards and Related Procedures - J.D.

To ensure fairness in final course grades, the School of Law uses an anonymous grading system. In those courses which are graded anonymously (experiential courses and seminars are generally the only exception), students must place only their exam number on the exam or course paper.  Students are therefore also cautioned against writing anything in exams or course papers that is extrinsic to the subject matter of the course, that might develop instructor sympathy, or that has behind it other non-objective motives.  Sometimes anonymity must be broken for some component of the course, as when students are allowed to review their midterm exams with the instructor, or the instructor assigns a paper which cannot be graded anonymously, for a portion of the grade.  In such instances, the Records Office then combines the anonymous and non-anonymous scores into one final grade, which may be adjusted to comply with any applicable mandatory curve.

1. Anonymous grading imposes reciprocal obligations.  No student shall—on the exam, course paper, or in any other manner prior to the time exam or course grades are officially completed and submitted—purposefully reveal to the course professor facts identifying by name, or otherwise providing information concerning the identity of, the author of a particular exam or course paper.
2. If a professor determines there is probable cause to believe that a violation of this rule has occurred with respect to an exam or paper in his/her course, s/he shall report this determination to the Dean of Students.
3. If there is a concurrence in the professor's probable cause determination, the student shall be subject to the provisions regarding student conduct and procedures governing student discipline contained in the UCLA Student Conduct Code.        

Unit credit is awarded for grades “A+” to “D”.  No unit credit will be awarded for grades of “F”.

All courses at the UCLA School of Law (with the exception of small seminars and experiential courses, as described below) are subject to a requirement that the median grade cannot exceed a B+ (i.e., 3.3) grade.

First Year Courses:  In addition to the requirement of a maximum median grade of B+, grades for all first year classes must satisfy the following distributional parameters:

Due to the smaller class size, faculty teaching Law 108A/B – Legal Research & Writing have the discretion to make modest adjustments to this distribution to assure that grades accurately reflect course performance.

Upper Division Courses:  Except as otherwise noted below, grades for all upper division courses must satisfy the following distributional parameters:

For upper division classes with total enrollment between 25-64 students, individual faculty have limited authority to deviate from this distribution, subject to a sliding scale of faculty discretion based on class size. Within this range of class sizes, faculty have less discretion for larger classes and greater discretion for smaller classes. This approach ensures that classes within the same class size range are subject to virtually identical grading rules. For classes with fewer than 25 students, the distribution of grades shown above is recommended but not required, though in no event may the median grade for the class exceed a B+ (3.3).

Upper Division Seminars, Workshops and Experiential Courses: For courses within these categories with 20 students or fewer students enrolled, faculty have the discretion to assign grades reflecting individual student performance without the limitations described above. For seminars and experiential courses with 21-25 students, the minimum number of B+ (or lower) grades required is 2 multiplied by the number equal to class enrollment minus 20, while a maximum B+ median rule applies to all seminars and experiential courses over 25.

Non-law students enrolled in courses at the School of Law shall be excluded from the grading curve and will not be included in the enrollment count for purposes of determining the applicable curve.

An instructor seeking to deviate from the curve must obtain the approval of the Vice Dean(s) and Associate Dean.

Grading of JD Students in MLS Electives: JD students enrolled in courses designated as MLS Electives shall be graded separately from MLS students. The grading rules that govern JD grading generally shall apply for the evaluation of JD students in these courses. MLS students shall not count toward the total number of students in the class for the purposes of determining the appropriate grade distribution.

Grading of LL.M. Students in MLS Electives: LL.M. students enrolled in courses designated as MLS Electives shall be graded separately from MLS students. The grading rules that govern LL.M. grading generally shall apply for the evaluation of LL.M. students in these courses. MLS students shall not count toward the total number of students in the class for the purposes of determining the appropriate grade distribution.

In addition to the grade determined on an anonymous basis, an instructor may give a grade for class performance.  This grade may be in the form of an increase or decrease, not exceeding one grading unit (e.g., B to B+ or  B–, C+ to B– or to C).  An instructor must announce not later than the end of the first week of instruction that grades for class performance will or may be given.  The announcement may be verbal, included in the syllabus, or posted on the instructor’s webpage. 

The grade for class performance should reflect the quality (as distinguished from mere quantity) of a student’s participation in class discussion.  A student should never be penalized for asking questions.  However, the class performance grade may reflect a student’s attendance, level of preparation for class and/or performance on assigned exercises.  After factoring in class participation, the distribution of grades must still be within the appropriate mandatory curve.    

In courses for which grading is not anonymous, such as seminars, letter-graded experiential courses and “hybrid” courses in which grading is only partially anonymous (determined by a non-anonymous paper and an anonymous exam), participation can count for more than one grading unit.

This system is employed for certain experiential courses, externships (10 or 11 units for the actual placement) and selected advanced courses.

If a course has not been designated Pass/No Pass by the faculty member teaching it, a student may not elect prospectively to take the course on a Pass/No Pass basis.  (But see the one-time P/U/NC option described below.)

Students may elect to retroactively convert no more than four (4) semester units of graded credit and no more than one (1) course completed during the second and third years of course work to a Pass/Unsatisfactory/No Credit  basis.  This option may not be used for first year curriculum courses as listed in I.A., even if a student completes one of these courses in the second or third year.

The above option applies to courses in which letter grades would otherwise be assigned.  If the election is exercised:

1. PASS—Grades of  “C-” or above will be recorded as “Pass (P)”.  Unit credit is awarded.
2. UNSATISFACTORY—Grades of “D+” or “D” will be recorded as “Unsatisfactory (U)”.  Unit credit is awarded. Grades of “U” shall be assigned a grade of “D” for the purpose of calculating GPA.
3. NO CREDIT—A grade of “F” will be recorded as “No Credit (NC)”.  No unit or residency credit is awarded.  No credit grades shall be assigned a grade of “F” for the purpose of calculating GPA.

The Pass/Unsatisfactory/No Credit (P/U/NC) option may only be exercised within the short time frame announced by the Records Office after a student has had an opportunity to see the letter grades s/he earned for the semester.  Exercise of the option shall be accomplished by submitting the Retroactive P/U/NC Form to the Records Office by the stated deadline.  A retroactive P/U/NC may never be exercised for Law 340 or 341 (Independent Research) units, but it may be exercised for Law 345 (Independent Project) units.  If a professor prospectively requires that Law 345 credit be taken on a P/U/NC basis, it shall not count as exercise of the student's one-time retroactive P/U/NC option.  If a grade is not available as of the deadline for election of the option, the Dean of Students will extend the deadline until all grades for such students have been turned in.  Students may not obtain a transcript for the semester until they have made a decision concerning their P/U/NC option.

This option once elected shall not be revocable or transferable, even if hindsight proves conclusively that a different choice would have been more beneficial. 

1. General Grade Change Rule. Except as otherwise provided in this Rule, all grades other than Incomplete or NR are final when filed by an instructor. Once final, grades may be changed only if the instructor involved is convinced that the grade initially recorded is incorrect because of a clerical, technological, mathematical, or procedural error, which was discovered after the initial grade was recorded. In each case of a grade change on the basis of such an error, the instructor shall file a written explanation and request for a grade change with the Vice Dean responsible for curricular matters (“Vice Dean”), explaining precisely the nature of the error. If the Vice Dean concurs that a change is appropriate, the Vice Dean shall authorize the Registrar to change the grade. Changes based on a clerical, technological, mathematical, or procedural error, will not be made more than 60 calendar days after the grade is issued. An instructor’s determination that no such error occurred is not appealable, except pursuant to the grade grievance procedure set out in subsection 2 of this rule.

No change of grade may be made on the basis of reassessment of the quality of a student’s work.

2. Grade Grievances. Jurisdiction over grade grievances lies exclusively within the Law School. The Dean of the Law School determines the final resolution of any grievance.

a. Types of Unacceptable Conduct Constituting Grounds for a Grade Change. The Law School considers grades to be a matter of academic judgment and subject to challenge only where the instructor assigned a course grade or otherwise evaluated the student’s work using non- academic criteria that were not clearly and directly related to the student’s performance in the course. Non-academic criteria include but are not limited to harassment, discrimination against a student on political grounds, or for reasons of race, color, religion, sex, sexual orientation, gender, gender expression, gender identity, ethnic origin, national origin, ancestry, marital status, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), or service in the uniformed services as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as well as state military and naval service, or, within the limits imposed by law or University regulations, because of age or citizenship.

A grade may not be challenged under this grievance procedure on any of the following grounds: disagreement with course requirements; disagreement with course policies; disagreement with general grade schemes of the course; disagreement over the instructor’s assessment of the quality of a student’s work or participation.

b. Grievance Process: The grievance process is initiated when the student submits a written appeal to the Vice Dean. The appeal must specify the grounds on which the grade is being challenged. The appeal must be filed within 60 calendar days after the contested grade was finalized. The appeal must completely explain the student’s belief that non‐academic criteria factored into the student’s grade. The appeal should provide any available evidence supporting the claim of unacceptable conduct. If the Vice Dean determines that the appeal fails to allege relevant types of unacceptable conduct, the Vice Dean shall return the appeal to the student with an explanation for the appeal’s deficiencies. The student must submit a revised written appeal within five days that alleges grounds this Standard recognizes as constituting unacceptable conduct. If the student fails to submit a revised written appeal, the appeal shall be deemed denied.

Within ten business days after receiving an appeal in proper form alleging relevant forms of unacceptable conduct the Vice Dean shall appoint an ad hoc grievance committee comprised of three ladder faculty members, at least two of whom shall hold the rank of Full Professor, one of whom shall be designated by the Vice Dean as the committee chair.

If the ad hoc committee determines that the written appeal fails to allege relevant types of unacceptable conduct, the committee shall recommend that the appeal be denied. Otherwise, within five business days after the ad hoc grievance committee is appointed, the committee’s chair shall provide the instructor with written notice of the appeal. The instructor shall provide the ad hoc grievance committee chair with the student’s exam answers or the other material on which the grade was based. The instructor may provide the committee chair with a written response to the appeal. If the instructor wishes to do so, the instructor must present such a response within 10 business days after receiving notice of the appeal from the chair. If the instructor provides such a response, the chair shall forward a copy to the student involved. The committee will not share the exam answers or other internal grading materials, including internal grading rubrics, with the student. The student shall have an opportunity to provide a written rebuttal to the instructor’s response. If the student wishes to do so, the student must submit such response within 10 business days after receiving a copy of the response from the chair.

The ad hoc grievance committee shall meet in person or via videoconferencing to evaluate the appeal and any written materials provided by the instructor and student involved. At the sole option of the ad hoc grievance committee chair, the instructor and student may be allowed to appear in person before the ad hoc grievance committee, but neither party may be present while the other is appearing before the committee or while the committee is deliberating.

Within ten business days after the conclusion of its deliberations, the ad hoc grievance committee chair will report its recommendation in writing, signed by all committee members, along with any minority views, to the Dean, Vice Dean, the student, and the instructor. The committee’s report shall state whether there is clear and convincing evidence that the instructor applied non-academic criteria. If, and only if, the ad hoc grievance committee finds such clear and convincing evidence, the committee may recommend one of the forms of relief set out below. If the committee does not find such evidence, the committee shall recommend denial of the appeal.

The ad hoc grievance committee’s submission to the Dean shall include copies of the appeal and any other written materials provided by the student or the instructor. If the student and instructor appeared in person before the committee, the committee’s report shall include a concise summary of their statements.

The ad hoc grievance committee’s report shall constitute a non-binding recommendation to the Dean. Based upon a review of the committee’s report and the supporting record, the Dean shall determine whether there is clear and convincing evidence that the instructor applied non-academic criteria. If and only if the Dean finds such clear and convincing evidence, the Dean may grant the student one of the forms of relief set out below. If the Dean does not so find, the Dean shall deny the appeal. The Dean will conclude the review and notify the concerned parties in writing of the Dean’s decision within twenty business days of receipt of the ad hoc committee report.

The Dean may consult with the Vice Dean and/or the Advisory Committee in making the required determination.

c. Forms of Available Relief. If the Dean determines that the grade was assigned on the basis of non-academic criteria amounting to unacceptable conduct, the Dean may: (1) change a letter grade to a Pass (P), which shall not count against the student’s one-time P/U/NC option; (2) change a grade of U or NC to a P; (3) drop the student from the course retroactively; (4) change the letter grade to the grade, if any, that was recommended by the Law School’s ad hoc grievance committee. 

d. Finality. The Dean’s determination is final and not subject to appeal.

e. Multiple Grievances. In cases where multiple grievances are presented (e.g., more than one student grieving grades from the same course, or one student grieving grades from more than one course), a single ad hoc grievance committee may review the cases with the student’s (or students’) written consent. Otherwise, each grievance must be reviewed by a separate ad hoc grievance committee.

f. Use of email. In all cases in which this rule requires or permits a writing, an email shall suffice.

1. Students shall be permitted to retake three or fewer courses (but not seminars) in which they received the letter grades of “D+” or “D” (unit credit received) or “F” (no credit).  This rule in no way alters the effect of the Five Year Rule.
2. If a student received the letter grade of “D+” or “D” for a course the first time it was taken, then s/he will not receive unit credit towards total units completed for the course the second time it is taken and another credit grade earned.
3. If a student retaking a course receives a letter grade of “C–” or better on the retake, the letter grades of “D+”, “D” or “F” (no credit) received initially will continue to appear on his or her transcript, but the new grade will be counted for purposes of scholastic dismissal.  The initial grade and not the grade on the retake will be counted for purposes of computation of class standing, if any.
4. If a student receives the letter grades of “D+”, “D” or “F” (no credit) on the retake, then both the original letter grade and units and the retake letter grade and units will be part of his or her record in applying scholastic dismissal and other rules, but the student will not receive unit credit towards total units completed if s/he received unit credit when the course was taken the first time.
5.  First year courses may be retaken only in the student's second year.
6. The possibility that a grade may be improved on a retake shall not be taken into account in applying the rules on scholastic dismissal.
7. Questions that may arise where units assigned to a course change, or where the course content changes, or in other situations not expressly covered by these rules, shall be resolved by the Dean of Students, who shall report her decisions to the Standards Committee.  The decision of the Dean of Students shall stand unless it is challenged by a member of the Committee and the Committee decides that the decision of the Dean of Students was unreasonable.
8. The following chart illustrates the intended operation of these rules in a case where a student retakes a 3-unit course:

9. No course may be retaken more than once.
10. No student shall be permitted to retake a course under the foregoing rules until s/he first completes an appropriate retake form in the Records Office.  An election to retake a course must be made no later than the fifth day of instruction each semester.