NOTICE by Lincoln Memorial University Duncan School of Law Re

Lincoln Memorial University Duncan School of Law v. American Bar Association (TV1) Doc. 26 Att. 6

SELF-STUDY

2010-2011

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Dockets.Justia.com TABLE OF CONTENTS

I. Organization of the Self Study Document ...... 7

II. Mission Statement of the University...... 9

III. Mission Statement of the Duncan School of Law ...... 10

IV. A Brief History of the Duncan School of Law ...... 11

V. Strategic Planning and Self Study...... 13

VI. Organization and Administration ...... 15 a. Standard 201. Resources for Program ...... 15 Subpart (a) ...... 15 Subpart (b) ...... 19 b. Standard 202. Self Study...... 26 c. Standard 203. Strategic Planning and Assessment ...... 28 d. Standard 204. Governing Board of an Independent Law School ...... 31 e. Standard 205. Governing Board and Law School Authority ...... 32 Subpart (a) ...... 32 Subpart (b) ...... 36 f. Standard 206. Dean ...... 45 Subpart (a) ...... 45 Subpart (b) ...... 46 Subpart (c) ...... 48 Subpart (d) ...... 50 g. Standard 207. Allocation of Authority Between Dean and Faculty ...... 51 h. Standard 208. Involvement of Alumni, Students and Others ...... 58 i. Standard 209. Non-University Affiliated Law Schools ...... 59 j. Standard 210. Law School-University Relationship ...... 64

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Subpart (a) ...... 64 Subpart (b) ...... 66 Subpart (c) ...... 67 Subpart (d) ...... 69 k. Standard 211. Non-Discrimination and Equality of Opportunity ...... 70 Subpart (a) ...... 70 Subpart (b) ...... 72 Subpart (c) ...... 73 Subpart (d) ...... 74 l. Standard 212. Equal Opportunity and Diversity ...... 75 Subpart (a) ...... 75 Subpart (b) ...... 82 m. Standard 213. Reasonable Accommodation for Qualified Individuals with Disabilities ...... 95

VII. Program of Legal Education ...... 98 a. Standard 301. Objectives ...... 98 Subpart (a) ...... 98 Subpart (b) ...... 106 b. Standard 302. Curriculum ...... 109 Subpart (a) ...... 109 Subpart (a)(1) ...... 109 Subpart (a)(2) ...... 111 Subpart (a)(3) ...... 113 Subpart (a)(4) ...... 115 Subpart (a)(5) ...... 116 Subpart (b) ...... 119 Subpart (b)(1) ...... 119 Subpart (b)(2) ...... 121 Subpart (b)(3) ...... 122

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c. Standard 303. Academic Standards and Achievements ...... 123 Subpart (a) ...... 123 Subpart (b) ...... 125 Subpart (c) ...... 127 d. Standard 304. Course of Study and Academic Calendar ...... 129 Subpart (a) ...... 129 Subpart (b) ...... 132 Subpart (c) ...... 133 Subpart (d) ...... 134 Subpart (e) ...... 135 Subpart (f) ...... 136 e. Standard 305. Study Outside the Classroom...... 137 Subpart (a)-(d) ...... 137 Subpart (e)(1)-(e)(7)...... 141 f. Standard 306. Distance Education ...... 144 g. Standard 307. Participation in Studies or Activities in a Foreign Country ....145 h. Standard 308. Degree Programs in Addition to J.D...... 146

VIII. The Faculty ...... 147 a. Standard 401. Qualifications ...... 147 b. Standard 402. Size of Full-Time Faculty ...... 155 Subpart (a)(1)-(a)(1)...... 155 Subpart (b) ...... 155 c. Standard 403. Instructional Role of Faculty ...... 161 Subpart (a) ...... 161 Subpart (b) ...... 163 Subpart (c) ...... 165 d. Standard 404. Responsibilities of Full-Time Faculty ...... 167 Subpart (a)(1)-(a)(5)...... 167 Subpart (b) ...... 178 e. Standard 405. Professional Environment ...... 181

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Subpart (a) ...... 181 Subpart (b) ...... 184 Subpart (c) ...... 186 Subpart (d) ...... 186

IX. Admissions and Student Services ...... 187 a. Standard 501. Admissions ...... 187 Subpart (a) ...... 187 Subpart (b) ...... 190 b. Standard 502. Educational Requirements ...... 193 Subpart (a) ...... 193 Subpart (b) ...... 193 c. Standard 503. Admission Test ...... 195 d. Standard 504. Character and Fitness ...... 197 Subpart (a) ...... 197 Subpart (b) ...... 199 Subpart (c) ...... 200 e. Standard 505. Previously Disqualified Applicant ...... 201 f. Standard 506. Applicants from Law Schools Not Approved by the ABA ....203 g. Standard 507. Applicants from Foreign Law Schools ...... 204 h. Standard 508. Enrollment of Non-Degree Candidates ...... 205 i. Standard 509. Basic Consumer Information ...... 206 j. Standard 510. Student Loan Programs...... 208 k. Standard 511. Student Support Services ...... 209

X. Library & Information Resources ...... 214 a. Standard 601. General Provisions ...... 214 Subpart (a) ...... 214 Subpart (b) ...... 217 Subpart (c) ...... 219

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b. Standard 602. Administration ...... 220 Subpart (a) ...... 220 Subpart (b) ...... 220 Subpart (d) ...... 220 Subpart (c) ...... 222 c. Standard 603. Director of the Law Library ...... 224 Subpart (a) ...... 224 Subpart (b) ...... 225 Subpart (c) ...... 228 Subpart (d) ...... 229 d. Standard 604. Personnel...... 230 e. Standard 605. Services ...... 239 f. Standard 606. Collection ...... 242 Subpart (a) ...... 242 Subpart (b)(1)-(b)(3) ...... 242 Subpart (c) ...... 250 Subpart (d) ...... 251

XI. Facilities ...... 252 a. Standard 701. General Requirements ...... 252 b. Standard 702. Law Library ...... 266 c. Standard 703. Research and Study Space ...... 268 d. Standard 704. Technological Capacities ...... 278

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I. ORGANIZATION OF THE SELF STUDY DOCUMENT

This self-study is structured around each section of the American Bar Association’s Standards for Approval of Law Schools. Within the response for each section, the material is organized as follows. First, the response to each section of the Standards presents the “Statement of Condition at Initial Review.” This section was drafted to state the condition extant at the beginning of the Self Study and Strategic Planning Process in February 2010, or, in the alternative, at the first occasion the Administration and Faculty reviewed the Duncan School of Law’s compliance during the eleven (11) months following the initiation of the Self-Study and Strategic Planning Process.

Statement of Condition at Initial Review: This will reflect the condition at the time the standard was initially reviewed by the Administration and the Faculty.

Second, the response to each section of the Standards presents the “Assessment by the Administration and Faculty.” This section was drafted following review by the Administration and Faculty of that Standard and indicates the concerns, if any, the Administration and Faculty had as to the DSOL’s compliance. This section additionally discusses the DSOL’s strengths and weaknesses.

Assessment by the Administration and Faculty: This section will reflect the Administration and the Faculty’s concerns, if any, related to the Statement of Condition at Initial Review.

Third, the response to each section of the Standards presents the “Plan for Remediation.” This section discusses what, if any, remedy the Administration and Faculty have adopted to alleviate or eliminate weaknesses discovered during the Self-Study and Strategic Planning Process.

Plan for Remediation: This will reflect the Administration and Faculty’s plan to address issues identified in the Assessment by the Administration and Faculty section.

Fourth, the response to each section of the Standards presents the “Timeline for Implementation.” This section states the applicable deadlines for action by the Administration or the Faculty for the remedies required under the “Plan for Remediation” section.

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Timeline for Implementation: This section illustrates the planned timeline to address the issues to be remedied.

Fifth, some responses include sections entitled “Evaluation of Progress.” These sections state what steps have been taken to bring the “Plan for Remediation” to fruition.

Evaluation of Progress: This section will reflect running updates as to progress made with regard to the planned remediation, if any.

Finally, each section contains the dates upon which various actions were taken by the Administration and Faculty. On some occasions, sections also indicate multiple voting dates for the same information. This indicates that the matter was reviewed by the Administration and Faculty on more than one occasion and re-adopted without alteration of the language.

Date of Faculty Evaluation of Progress: This section provides a running list of dates upon which the Administration and Faculty evaluated the progress of the plans for remediation, if any.

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II. MISSION STATEMENT OF THE UNIVERSITY

Lincoln Memorial University is a values-based learning community dedicated to providing educational experiences in the liberal arts and professional studies. The University strives to give students a foundation for a more productive life by upholding the principles of Abraham Lincoln's life: a dedication to individual liberty, responsibility, and improvement; a respect for citizenship; recognition of the intrinsic value of high moral and ethical standards; and a belief in a personal God.

The University is committed to teaching, research, and service. The University's curriculum and commitment to quality instruction at every level are based on the beliefs that graduates must be able to communicate clearly and effectively in an era of rapidly and continuously expanding communication technology, must have an appreciable depth of learning in a field of knowledge, must appreciate and understand the various ways by which we come to know ourselves and the world around us, and must be able to exercise informed judgments.

The University believes that one of the major cornerstones of meaningful existence is service to humanity. By making educational and research opportunities available to students where they live and through various recreational and cultural events open to the community, Lincoln Memorial University seeks to advance life in the Cumberland Gap area and throughout the region through its teaching, research, and service mission.

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III. MISSION STATEMENT OF THE DUNCAN SCHOOL OF LAW

The Lincoln Memorial University-Duncan School of Law builds upon a foundation that upholds the principles of Abraham Lincoln’s life: a dedication to individual liberty, responsibility, and improvement; a respect for citizenship; recognition of the intrinsic value of high moral and ethical standards; and a belief in a personal God. Through teaching, research and service, the Lincoln Memorial University-Duncan School of Law will prepare graduates:

who are committed to the premise that the cornerstone of meaningful existence is service to humanity; who understand their professional responsibilities as representatives of clients, officers of the courts, and public citizens responsible for the quality and availability of justice under the law; and who have an understanding of the fundamental principles of public and private law, an understanding of the nature, basis and role of the law and its institutions, and the skills of legal analysis and writing, issue recognition, reasoning, problem solving, organization, and oral and written communication necessary to participate effectively in the legal profession.

The Lincoln Memorial University-Duncan School of Law will:

graduate Doctors of Jurisprudence; provide a values-based learning community as the context for teaching, research, and service, that supports student achievement; provide an educational program that prepares graduates for admission to the bar, and for effective and responsible participation in the legal profession; and enhance access to quality legal counsel for the underserved rural communities of Appalachia.

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IV. A BRIEF HISTORY OF THE DUNCAN SCHOOL OF LAW

The Lincoln Memorial University-Duncan School of Law (“DSOL”) is the result of University strategic planning. Specifically, in July of 2007, as part of a Lincoln Memorial University (“University”) annual strategic planning retreat, the faculty and administration discussed the potential of implementing a new academic program to offer a Doctor of Jurisprudence (“J.D.”) degree.1 Subsequently, in November of 2007, the University formed a preliminary steering committee to formally explore the resources and information needed for conceptual development of a proposed school of law.2 Thereafter, in January of 2008, the University notified the Tennessee Board of Law Examiners (“TBLE”) of its intent to explore approval of a new law school to be located in Knoxville, Tennessee.

In March of 2008, the University Steering Committee hired Dean Richard Gershon (“the Consultant”) as a consultant for the proposed school of law.3

In April of 2008, the University notified its regional accrediting body, the Southern Association of Colleges and Schools–Commission on Colleges (“SACS-COC”), of its intent to offer a J.D. degree.

On April 18, 2008, University administrative officials, Steering Committee members, and the Consultant traveled to Nashville to meet with TBLE board members and to discuss a submitted proposal that addressed Section 7 of the Rules of the Tennessee Supreme Court4 regarding accreditation and approval of law schools.

In May of 2008, the University Board of Trustees approved the development and implementation of the proposed school of law.5

In June of 2008, the University administration designed an organizational structure, position profiles, and an initial budget pro forma for the proposed school of law.6

On February 24, 2009, the University was officially notified that the TBLE had granted approval for graduates of the proposed law school to take the Tennessee Bar Exam.7

On April 27, 2009, the University received approval from SACS-COC to offer a J.D. degree.8

1 See Exhibit 1. 2 See Exhibit 2. 3 Dean Richard Gershon is the current dean of the University of Mississippi School of Law, the former Dean of the Texas Wesleyan University School of Law, and the former and founding Dean of the Charleston School of Law. 4 See Exhibit 3. 5 See Exhibit 4. 6 See Exhibit 5. 7 See Exhibit 6. 8 See Exhibit 7. Page 11 of 281

On March 2-4, 2010, a Substantive Change Committee site team for the SACS-COC visited the DSOL to evaluate the LMU’s and DSOL’s continued compliance with SACS-COC accreditation standards following introduction of the JD program. Thereafter, in June 2010, the SACS-COC notified the University that it was continuing the University’s accreditation with no recommendations for the DSOL.9

9 See Exhibit 8. Page 12 of 281

V. STRATEGIC PLANNING AND SELF STUDY

The strategic planning and self-study process at the Duncan School of Law (“DSOL”) is an ongoing process that is fully integrated with Lincoln Memorial University’s (“the University’s”) planning process.

Internally within the DSOL, the strategic planning and self-study is a collaborative effort between the deans (“the Administration”) of the DSOL and the DSOLs Faculty (“the Faculty”). In January of each calendar year, each faculty member is asked to submit an email to the Associate Dean for Assessment, indicating the DSOL’s strengths and weaknesses; areas for potential improvement and/or growth; and goals and/or strategies to achieve those areas of desired improvement and/or growth.10 The Administration then reviews the responses and schedules a series of faculty mini-retreats to address the topics raised by the survey.11 During each of those mini-retreats, topics are raised related to aspects of the DSOL’s functioning, operations, and accreditation compliance, and the Faculty votes on matters with potential to impact the direction of the DSOL’s future.12 Although the majority of mini-retreats occur at the beginning of each calendar year, the mini-retreat process is ongoing, and thus, it continues throughout the calendar year.

While planning, assessment, and improvement occur on a continuous basis at the DSOL, following the mini-retreats, the DSOL begins its process of reporting its annual findings to the University in preparation for the University’s Strategic Planning Retreat. Specifically, each May, the DSOL reports its annual Outcomes Assessments for its academic program.13 Copies of the forms associated with these reports can be found in Exhibits 13, 14, and 15. Copies of the DSOL’s completed forms for this Report can be found in Exhibits 16.14 Furthermore, each June, the DSOL reports its annual Outcomes Assessments for its administrative departments.15 The University then uses those assessment results to, among other things, build the program budget for the DSOL and prepare for the University’s July Strategic Planning Retreat. DSOL

10 See Exhibits 9, 10 and 11. 11 In the 2009-2010 academic year, the Faculty met for mini-retreats related to strategic planning and self- assessment on the following dates: February 9, 2010, from 9:00 a.m.–12:00 p.m.; February 10, 2010, from 9:00 a.m.–12:00 p.m.; February 16, 2010, from 9:00 a.m.–12:00 p.m.; February 17, 2010, from 10:00 a.m.–1:00 p.m.; March 22, 2010, from 9:00 a.m.–12:00 p.m.; April 12, 2010, from 9:00 a.m.–12:00 p.m.; April 23, 2010, from 9:00 a.m.–3:30 p.m.; August 20, 2010, from 8:00 a.m.–1:00 p.m.; August 27, 2010, from 9:00 a.m.–11:30 a.m.; September 17, 2010, from 9:00 a.m.–1:00 p.m.; and October 1, 2010, from 9:00 a.m.–1:00 p.m.; December 17, 2010, from 9:00 a.m.–12:00 p.m. 12 See Exhibit 12. 13 This Report includes program goals and objectives and intended outcomes (including student learning goals) for the program, how these outcomes are measured, and how the outcomes are related to both institutional and strategic goals, where applicable. This report includes completion of three Outcomes Assessment Forms—the Program Assessment Information Form, the Program Assessment Summary Form, and the Use of Prior Year Assessment Form. See Exhibits 13, 14, and 15, respectively. It should be noted, the DSOL has not yet produced a Use of Prior Year Assessment Form, as, for this reporting period, the DSOL did not have prior-year assessments to evaluate. 14 The DSOL will complete its first Use of Prior Year Assessment Form in spring 2011. 15 This Report includes program goals and objectives and intended outcomes for the program, how these outcomes are measured, and how the outcomes are related to both institutional and strategic goals, where applicable. This Report requires completion of two forms—the Program Outcomes Assessment Summary Form and the Use of Prior Year Assessment Results Form. See Exhibits 17 and 15 respectively. Page 13 of 281 administration and faculty use the results of its Annual Outcomes Assessment Reports for the improvement of educational, academic support, student support, and administrative functions.

In addition to the above, the DSOL has disseminated programmatic surveys to the students on every aspect of the DSOL’s program. Those surveys were then used for programmatic assessment and to facilitate discussions during the Strategic Planning and Self Study process. Copies of the surveys will be available for the Site Team.

In addition to the regular, annual assessments described above, the DSOL participates in a comprehensive academic program review/self-study process every three-to-five (3-5) years. Academic programs use the University’s Guidelines and Schedule for Program Review Form16 which requires assessment and reporting on numerous program elements related to program effectiveness, including relevance to the University’s Mission, learning outcomes, teaching, scholarship, service, organization, curricula, size, and resources. DSOL has not yet completed its first University Guidelines and Schedule for Program Review Form.

16 See Exhibit 18. Page 14 of 281

VI. ORGANIZATION & ADMINISTRATION

Standard 201. RESOURCES FOR PROGRAM (a) The present and anticipated financial resources of a law school shall be adequate to sustain a sound program of legal education and accomplish its mission. (b) A law school shall be so organized and administered that its resources are used to provide a sound program of legal education and to accomplish its mission.

(a) The present and anticipated financial resources of a law school shall be adequate to sustain a sound program of legal education and accomplish its mission.

Statement of Condition at Initial Review:

Note: This discussion reflects the condition at the time the standard was initially reviewed by the Administration and the Faculty. The discussion found in the Evaluation of Progress and additional updates will reflect any changes and/or remediation in effect.

Lincoln Memorial University (“University”) has a sound financial base with the fiscal stability to support its Mission, programs, and services, as demonstrated by the annual audited financial statements,17 the most recent management letter,18 and the four (4) most recent annual budgets.19

Since 2006, total revenues for the University have grown by $33 million or 123%. The University has continued to see increased enrollment, both in existing programs and new programs. The University has experienced a nineteen percent (19%) increase in full-time undergraduate students from fall of 2006 through fall of 2009. In addition, the University has continued to add new programs, such as the Duncan School of Law (“DSOL”) and expand offerings at the University’s off-campus locations. The University’s operating expenses per the audited financial statements have grown by 112% over the same time period, and the number of faculty and staff for current programs has increased significantly during the same time period. This growth is a direct result of continuing to plan and execute an array of course and program offerings attractive to our incoming students.

During fiscal year 2010, the University undertook a significant debt restructuring, which has resulted in a more flexible debt repayment schedule. During the same period, the University has continued to steadily grow its endowment, creating a sound base for future operations and a solid support for scholarship activities for future students.20

17 See Exhibit 19. 18 See Exhibit 20. 19 See Exhibits 21, 22, 23, and 24 respectively. 20 Notable in the Restatement of Net Assets Without Plant and Plant-Related Debt, (See Exhibit 165) is the growth of Unrestricted Net Assets through 2005, followed by a four-year decline. This decline resulted from the use of unrestricted funds to finance many facility expansions and improvements. This allows the University to avoid a debt burden beyond its projected revenue/expenditure model. This decision followed a lengthy process of planning for additional facilities and facility improvements. The review included a financial analysis of revenue enhancements from the new or improved facilities in relation to any increases in expenditures resulting from the operations of those facilities. Page 15 of 281

The University has adequate fiscal resources to support its Mission and all of its programs and services. The University exercises appropriate financial control, and as indicated in the University’s Planning, Budgeting, and Assessment Schedule, the budgeting process is informed by ongoing planning. The University’s annual budget, and any new program budgets, are preceded by sound educational and financial planning, subject to sound fiscal procedures, and approved by the University’s Board of Trustees. The University carefully and consistently monitors developments and trends in its service area and reviews national data to more fully understand the budgetary ramifications of its strategic plans for both the University as a whole and its individual departments and programs. The annual budgets for 2007–2008, 2008–2009, and 2009–2010 document compliance in providing appropriate support for the University’s operations.

The University has carefully considered the budgetary impact of the DSOL on the University as a whole and also on its individual programs. The DSOL was integrated into the University’s most recently reviewed Ten-Year Financial Forecast, which is attached hereto as Exhibit 166. The Board of Trustees considered this forecast in full and adopted it as the basis for setting an operating budget for the ensuing fiscal year (2010–2011).

The five-year budget Pro Forma/Financial Business Plan for the DSOL, which follows, includes specific information addressing:

a. The first-year budget (including the planning year); b. Projected revenue, expenditures and cash flow; c. Amount of resources going to institutions or organizations for contractual or support services; and d. The operational, management and physical resources for the change (physical resources are more completely addressed in Section 7).

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LINCOLN MEMORIAL UNIVERSITY DUNCAN SCHOOL OF LAW BUDGET PRO FORMA

REVENUES 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14

Tuition 0 1,215,000 5,247,480 9,079,260 12,091,996 12,098,460 Technology Fees 0 37,500 113,000 179,000 218,500 203,000 Application Fees 0 15,000 20,000 25,000 25,000 25,000 TOTAL REVENUES 0 1,267,500 5,380,480 9,283,260 12,335,496 12,326,460

EXPENSES

Personnel 588,938 2,195,930 3,424,294 4,444,588 5,400,942 6,273,692 Postage 500 2,700 6,860 9,053 9,116 9,683 Telephone 500 2,000 2,000 2,000 2,000 2,000 Memberships 0 1,000 2,050 2,153 2,282 2,419 Advertising 25,000 25,000 20,000 20,000 20,000 20,000 Books 0 0 500 525 557 590 Library Resources 500,000 500,000 750,000 800,000 1,000,000 1,000,000 Printing 2,000 21,000 54,400 103,830 109,900 116,214 Travel 15,000 24,500 31,475 86,299 90,577 95,111 Recruiting 105,000 92,500 96,200 100,048 104,050 108,212 Faculty Searches 24,850 25,814 26,817 27,109 28,194 29,321 Faculty Relocation 32,000 32,000 48,000 40,000 40,000 40,000 Entertainment 0 15,000 30,350 41,668 44,168 53,818 Faculty 7,500 7,800 8,190 8,600 9,115 9,662 Development Computer 0 0 10,000 10,500 11,130 11,798 Software Accreditation 5,000 5,000 35,000 35,000 25,000 25,000 Contract Services 96,000 98,880 101,846 104,902 108,049 111,290 Facility Insurance 10,000 10,300 10,609 10,927 11,255 11,593 Electricity 60,000 61,800 63,654 65,564 67,531 69,556 Water 36,000 37,080 38,192 39,338 40,518 41,734 Service Costs 15,000 15,450 15,914 16,391 16,883 17,389 Property Taxes 5,000 5,150 5,305 5,464 5,628 5,796 Supplies 4,000 12,500 22,825 37,066 49,850 62,681 HVAC 10,000 10,300 10,609 10,927 11,255 11,593 Maint/Repair Elevator 10,000 10,300 10,609 10,927 11,255 11,593 Svc/Inspection Honors & Awards 0 0 200 410 435 961 Student Activities 0 7,250 7,613 7,993 8,473 8,981 Dean's Service 15,000 15,000 15,000 15,000 15,000 15,000 Fund Other 15,000 15,500 15,675 17,359 17,500 18,150

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Debt Service 259,096 621,830 621,830 621,830 621,830 621,830 TOTAL EXPENSES 1,841,383 3,871,584 5,486,016 6,695,470 7,882,491 8,805,667

NET REVENUE/ (1,841,383) (2,604,084) (105,536) 2,587,790 4,453,005 3,520,793 (EXPENSE)

CUMULATIVE (1,841,383) (4,445,468) (4,551,004) (1,963,213) 2,489,792 6,010,585 REV/(EXP)

Statement of Condition at Initial Review:

The Administration and Faculty believe the financial resources available to the DSOL are sufficient to sustain the academic program.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Faculty Evaluation of Progress:

December 17, 2010

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(b) A law school shall be so organized and administered that its resources are used to provide a sound program of legal education and to accomplish its mission.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) is organized and administered to use efficiently and effectively the available resources to provide a sound educational program and accomplish the DSOL’s Mission.

Outside of the Dean’s office, the DSOL has six (6) administrative departments—Assessment, Academic Affairs, the Library, Student Affairs, Financial Aid, and Career Services. In addition, the DSOL employs a Director of Lawyering Skills & Academic Success. Finally, the Dean is supported by other administrative personnel at the University.21

The Office of the Dean

The Dean of the DSOL22 is the administrative head of the DSOL and is responsible for growth and development of DSOL programs, leadership of faculty, and effective operations of all aspects within the DSOL. The Dean additionally coordinates the work of the DSOL and disseminates the results of that work to the President and to the Lincoln Memorial University (“University”) at large. The Dean is assisted by the Executive Assistant to the Dean23 who manages the office and assists the Dean in the day-to-day operation and communication requirements of the DSOL.

The Office of the Associate Dean for Assessment

The Associate Dean for Assessment24 develops, implements, and leads the DSOL’s academic assessment program and assists all academic programs and academic student support services in the development, implementation, monitoring, and evaluation of their planning and outcomes assessment processes. The Associate Dean for Assessment is involved in all DSOL accreditation processes and works closely with faculty and staff to meet the reporting and assessment requirements of external regulatory agencies. The Associate Dean for Assessment also schedules all mid-term and final examinations for the DSOL, facilitates examination needs, and ensures that accommodated students have their needs appropriately met within federal, state, and

21 An organizational chart of the DSOL is attached as Exhibit 29. 22 A copy of the Position Profile for the Dean is attached as Exhibit 25. As of October 29, 2010, the Dean’s title, and his position profile, changed to the following: “Vice President, Dean of the Duncan School of Law, and Professor of Law.” A copy of the Dean’s CV is attached hereto as Exhibit 26. 23 A copy of the Position Profile for the Executive Assistant to the Dean is attached as Exhibit 27. A copy of her resume is attached hereto as Exhibit 28. 24 A copy of the Position Profile for the Associate Dean for Assessment is attached as Exhibit 30. Page 19 of 281

University guidelines. The Associate Dean for Assessment25 reports directly to the Dean of the DSOL and is a member of the Faculty.

The Office of the Associate Dean for Academics

The Associate Dean for Academics26 is responsible for responding to student concerns, problems, and complaints, drawing upon and involving the University’s resources when appropriate. The Associate Dean for Academics is responsible for academic counseling to law students, including visiting and transfer students. The Associate Dean for Academics works with the Dean, the Associate Dean for Assessment, the Faculty Curriculum Committee, and the Faculty to develop curricula, course schedules, and faculty assignments. The Associate Dean for Academics makes recommendations to the Dean for the hiring of adjuncts and works with the adjuncts. The Associate Dean for Academics addresses grading and ranking issues and handles other routine academic administration matters as requested by the Dean. The Associate Dean for Academics27 reports directly to the Dean of the DSOL and is a member of the Faculty.

The Associate Dean for Academics is supported by the Assistant to the Associate Dean for Academics. The Assistant to the Associate Dean of Academics28 manages the office and assists the Associate Dean for Academics of the DSOL in the day-to-day operation and communication requirements of the Associate Dean’s Office. This position also serves as the faculty assistant to adjunct professors. In addition, this person works closely with DSOL Faculty, Staff, and Students.

The Office of the Associate Dean & Director of the Law Library

The Associate Dean & Director of the Law Library29 is responsible for development and support of all teaching and learning resource services for the DSOL. The Director’s primary responsibility is to administer the DSOL Library, which includes but is not limited to: selection and retention of staff; collection development; library services; and budget administration and policy planning. In addition, the Director oversees technology services in the DSOL, including classroom and student technology support. The Director reports directly to the Dean of the DSOL and is a member of the Faculty. The Associate Dean & Director of the Law Library is assisted by four (4) librarians—the Emerging Technologies Librarian, the Technical Services Librarian, the Information Services Librarian, and the Faculty Services Librarian.

25 The current Associate Dean for Assessment is Dean Jonathan A. Marcantel. A copy of Dean Marcantel’s CV is attached hereto as Exhibit 31. 26 A copy of the Position Profile for the Associate Dean for Academics is attached as Exhibit 32. 27The current Associate Dean for Academics is Dean April C. Meldrum. A copy of Dean Meldrum’s CV is attached hereto as Exhibit 33. 28 A copy of the Position Profile for the Assistant to the Associate Dean for Academics is attached as Exhibit 34. A copy of her resume is attached hereto as Exhibit 35. 29 A copy of the Position Profile for the Associate Dean and Director of the Law Library is attached as Exhibit 36. A copy of Dean Russell’s CV is attached hereto as Exhibit 37. Page 20 of 281

The Emerging Technologies Librarian30 is responsible for Web 2.0 applications within the DSOL, including exploring and managing virtual reference technologies; enhancing the DSOL’s digital library collections; exploring, implementing, and overseeing teaching technologies; and managing the DSOL’s website. He or she also provides reference assistance and legal research instruction.

The Technical Services Librarian31 is responsible for the initial development and planning of the Technical Services Department, including acquisitions; collection maintenance; circulation; and cataloging, processing, and circulation. He or she creates and maintains library policies and procedures for Technical Services/Circulation and supervises technical services staff. He or she also provides reference assistance.

The Information Services Librarian32 is responsible for providing reference assistance, legal research instruction, and collection development in the DSOL Library. He or she performs planning, administrative, and technical tasks in support of public services of the DSOL Law Library.

The Faculty Services Librarian33 is responsible for managing the Faculty Research and Document Delivery Services at the DSOL, including hiring, training, and supervising student research assistants. He or she provides reference assistance, legal research instruction, and collection development at the DSOL.

The Office of the Dean of Students

The Dean of Students,34 in coordination with the Dean, the Associate Deans, and the Law Faculty, is responsible for all aspects of non-academic student services within the DSOL (other than Career Services, Financial Aid, and Information Services). The Dean of Students also supervises the Admission and Recruitment processes at the DSOL. The Dean of Students serves as advisor to the Student Bar Association and all other student organizations with respect to student activities. The Dean of Students has two support personnel—the Director of Admissions and the Administrative Assistant to the Director of Admissions. She also works closely with the Director of Marketing and Public Relations at Lincoln Memorial University to create marketing materials for the Admissions Department. To effectuate this goal, the Dean of Students and Marketing Director meet and communicate frequently to make marketing decisions that include,

30 A copy of the Position Profile for the Emerging Technologies Librarian is attached as Exhibit 38. A copy of Mr. Pluta’s resume is attached hereto as Exhibit 39. 31 A copy of the Position Profile for the Technical Services Librarian is attached as Exhibit 40. A copy of Ms. Long’s resume is attached hereto as Exhibit 41. 32 A copy of the Position Profile for the Information Services Librarian is attached as Exhibit 42. A copy of Ms. Marsh’s resume is attached hereto Exhibit 43. 33 A copy of the Position Profile for the Faculty Services Librarian is attached as Exhibit 44. A copy of Mr. Walker’s resume is attached hereto Exhibit 45. 34 A copy of the Position Profile for the Dean of Students is attached as Exhibit 46. A copy of Dean Hash’s resume is attached hereto as Exhibit 47. Page 21 of 281 but are not limited to, print, billboard, radio, newspaper, and television advertising decisions designed to improve recognition of the DSOL and inspire prospective students to apply.

The Director of Admissions35 is responsible for advertising and marketing the DSOL with potential applicants both when traveling and when on campus. Furthermore, the Director of Admissions is responsible for recruiting prospective students from the target Appalachian regions designated in the recruitment plan, assisting students through the application process, verifying information contained within the application, when appropriate, and making recommendations to the Admissions Committee.

The Administrative Assistant to the Director of Admissions36 serves as the receptionist, performs secretarial duties, and organizes and maintains the Office of Admissions at the DSOL.

The Office of Financial Aid

The Coordinator of Financial Aid37 is responsible for developing, implementing, and assessing a wide variety of Financial Aid programs and initiatives to attract and retain the highest caliber of law students to meet short and long-term goals as established by the Dean. The Coordinator participates in and executes all financial aid activities. The Coordinator completes all aspects of the financial aid process, including, but not limited to: verification, awarding, disbursement, and returning of funds. The Coordinator also responds to general inquiries about financial aid and assists students in completing financial aid application forms.

The Office of Career Services

The DSOL has a budget line for a Director of Career Services.38 However, the Dean has not hired a Director of Career Services. Once hired, the Director of Career Services will be responsible for: providing career counseling and planning for students; working with the Director of Externships; developing relationships locally, regionally, and nationally for job opportunities for students; assisting students with resumes; assisting students with preparing for job interviews; and other duties associated with operating an Office of Career Services.

Director of Lawyering Skills & Academic Success

The Director of the Lawyering Skills & Academic Success Programs39 is responsible for designing, implementing, and overseeing the Lawyering Skills & Academic Support programs at the DSOL. The Director assists all students in their lawyering skills and legal studies. The

35 A copy of the Position Profile for the Director of Admission is attached as Exhibit 48. A copy of Mr. Carney’s resume is attached hereto as Exhibit 49. 36 A copy of the Position Profile for the Assistant to the Director of Admissions is attached as Exhibit 50. A copy of Mr. Carroll’s resume is attached hereto as Exhibit 51. 37 A copy of the Position Profile for the Coordinator of Financial Aid is attached as Exhibit 52. A copy of Ms. Baird’s resume is attached hereto as Exhibit 53. 38 A copy of the position profile is attached hereto as Exhibit 54. 39 A copy of the Position Profile for the Director of Lawyering Skills and Academic Success is attached as Exhibit 55. A copy of Professor Zuber’s CV is attached hereto as Exhibit 56. Page 22 of 281

Director provides academic counseling to law students; works with the Dean, the Associate Dean for Academics, the Associate Dean for Assessment, the Faculty Curriculum Committee, and the Faculty to develop curricula specific to the Lawyering Skills & Academic Success Programs; and designs and implements strategies to assist all students. The Director is responsible for working with the Associate Dean for Assessment and the Associate Dean for Academics to regularly assess the academic success program and recommend additions and modifications to the program.

University Support Personnel

In addition to the personnel at the DSOL, the Dean is also supported by administrative personnel at the University—the Vice President for Enrollment Management, the Vice President for University Advancement, the Vice President for Finance, the Chief Information Office, the Dean of Students, the Registrar, the Director of Academic Computing Support & Telecommunications, and the Director of Counseling & ADA Coordinator.

The Vice President for Enrollment Management and Student Services40 is responsible for planning, budgeting, coordinating, supervising, and evaluating personnel and programs that fall under the heading of Enrollment Management and Student Services.

The Vice President for University Advancement41 provides innovative and strategic leadership in the planning, implementation, and administration of the University’s comprehensive fund-raising initiatives. He or she coordinates fundraising activities for the DSOL.

The Vice President for Finance42 is the chief financial officer of the University. The Vice President for Finance is responsible for planning, budgeting, coordinating, supervising, and evaluating personnel and programs within the Division of Finance. The Vice President for Finance is responsible for efficient, equitable, and effective management of all financial aspects of the University, which may include all finance, contracts and grants, risk management, contract services, and related insurance. The Vice President for Finance works closely with the DSOL for budgeting.

The Chief Information Officer43 (“CIO”) works closely with the DSOL and is responsible for planning, budgeting, coordinating, supervising, and evaluating personnel and programs within the Information Services Division. The Chief Information Officer is responsible for the efficient, equitable, and effective management of the overall information technology services of the University.

40 A copy of the Position Profile for the Vice President for Enrollment Management and Student Services is attached as Exhibit 57. A current CV for Vice President Cindy Skaruppa is attached hereto as Exhibit 58. 41 A copy of the Position Profile for the Vice President for University Advancement is attached as Exhibit 59. A copy of Vice President Cynthia Whitt’s resume is attached hereto as Exhibit 60. 42 A copy of the Position Profile for the Vice President for Finance is attached as Exhibit 61. A current resume for Vice President Kimberlee Bontrager is attached hereto as Exhibit 62. 43 A copy of the Position Profile for the Chief Information Officer is attached as Exhibit 63. A current resume for Kenneth Ramos is attached hereto as Exhibit 64. Page 23 of 281

The Dean of Students is responsible for coordinating student discipline and overseeing security operations. He or she also promotes the Mission of the University and promotes effective working relationships among faculty, staff, and students. Until the DSOL employed a Dean of Students, the Dean of Students44 of the Main Campus held regular office hours at the DSOL.

The Registrar45 is responsible for coordinating the academic records and for disseminating such work to the academic units. The Registrar maintains academic records for the University, processes changes of grades, and verifies enrollment for National Student Clearinghouse and various agencies. The Registrar works closely with the Associate Dean for Academics to maintain all academic records for the DSOL students.

The Director of Academic Computing Support & Telecommunications46 provides technical expertise and support in all areas of academic computing and telecommunications services at the University. The Director reports directly to the Chief Information Officer. The Director worked closely with the Dean of the School of Law in developing and designing technology solutions for the law school facilities.

The Director of Counseling and ADA Coordinator47 is responsible for providing guidance, direction, and assistance to students and for developing, coordinating, and maintaining all services provided by the Office of Counseling. The position is also responsible for assisting students with disabilities in the documentation and accommodation process. All requests from the DSOL for accommodations are processed through the Director of Counseling & ADA Coordinator and, if granted, implemented by the Associate Dean for Assessment.

Assessment by the Administration and Faculty:

Note: This discussion reflects an assessment of the condition at the time the standard was initially reviewed by the Administration and the Faculty. The discussion found in the Evaluation of Progress and additional updates will reflect any changes and/or remediation in effect.

The Faculty of the DSOL do not believe the Dean currently possesses a sufficient administrative staff to administer the curricular program. Specifically, although the position of Director of Career Services has a budget line, the position has not currently been filled, and thus, the DSOL does not currently have a functioning Career Services department. (Date of Vote: October 1, 2010)

44 A copy of the Position Profile for the Dean of Students (Main Campus) is attached as Exhibit 65. A copy of Dean Frank Smith’s resume is attached hereto as Exhibit 66. 45 A copy of the Position Profile for the Registrar is attached as Exhibit 67. 46 A copy of the Position Profile for the Director of Academic Computing Support and Telecommunications is attached as Exhibit 68. A copy of Sheree Schneider’s resume is attached hereto as Exhibit 69. 47 A copy of the Position Profile for the Director of Counseling and ADA Coordinator is attached as Exhibit 70. A copy of Donna Treece’s resume is attached hereto as Exhibit 71. Page 24 of 281

Plan for Remediation:

The Dean shall hire a Director of Career Services on or before February 1, 2011. The Dean shall orally report progress on the marketing and advertisement of the position at the January faculty meeting. (Date of Vote: October 1, 2010)

Timeline for Implementation:

February 1, 2011

Evaluation of Progress:

As of December 17, 2010, the Dean hired a Director of Career Services. The Dean has selected a candidate for the position, the University extended an employment offer, and the candidate accepted. The candidate is scheduled to begin work on January 10, 2010. A copy of the Director’s resume is attached hereto as Exhibit 72.

Date of Faculty Evaluation of Progress:

December 17, 2010

Page 25 of 281

Standard 202. SELF STUDY Before each site evaluation visit the dean and faculty of a law school shall develop a written self study, which shall include a mission statement. The self study shall describe the program of legal education, evaluate the strengths and weaknesses of the program in light of the school’s mission, set goals to improve the program, and identify the means to accomplish the law school’s unrealized goals.

Statement of Condition at Initial Review:

The Deans of the Duncan School of Law (“the Administration”) and the faculty of the Duncan School of Law (“the Faculty”) have created both a written strategic plan and a written self-study. The Strategic Plan (2011–2016) was signed on May 12, 2010.48 The self study—this document—describes the program of legal education,49 evaluates the strengths and weaknesses of the program,50 sets goals to improve the program,51 and identifies means to accomplish those goals.52

Assessment by the Administration & Faculty:

The Administration and Faculty believe the 2010–2011 self study sufficiently identifies strengths and weaknesses, assesses those strengths and weaknesses, and provides reasonable means of remediating weaknesses.

Notwithstanding the positive results of this process, the Faculty believes the process has been inefficient. The process has included twelve (12) different faculty meetings, each of which lasted at least two-and-a-half (2.5) hours and some of which lasted six-and-a-half (6.5) hours. Those meetings began in February 2010 and continued through December 2010. The Faculty believes a more streamlined approach would be more efficient in the future. Specifically, the Faculty recommends transitioning the process to a two- (2) or three- (3) day planning and self- assessment retreat that would occur in the first week of February of each year.

The Administration agrees with the assessment of the Faculty and the Associate Dean of Assessment has proposed funding for strategic planning and assessment retreats beginning with the 2011–2012 fiscal year.

48 A copy of the Strategic Plan (2011–2016) is attached hereto as Exhibit 73. 49 See this document Section V. 50 See generally this document. 51 See generally this document. 52 See generally this document. Page 26 of 281

Date of Assessment by Administration and Faculty:

Continuous process. The Duncan School of Law’s Self Study process began in January 2010 with requests for information from faculty and is ongoing. Nevertheless, for this academic year, it ended on December 17, 2010. Ultimately, the Faculty met on the following dates to discuss Strategic Planning and its Self-Study: February 9, 2010, from 9:00 a.m.–12:00 p.m.; February 10, 2010, from 9:00 a.m.–12:00 p.m.; February 16, 2010, from 9:00 a.m.–12:00 p.m.; February 17, 2010, from 10:00 a.m.–1:00 p.m.; March 22, 2010, from 9:00 a.m.–12:00 p.m.; April 12, 2010, from 9:00 a.m.–12:00 p.m.; April 23, 2010, from 9:00 a.m.–3:30 p.m.; August 20, 2010, from 8:00 a.m.–1:00 p.m.; August 27, 2010, from 9:00 a.m.–11:30 a.m.; September 17, 2010, from 9:00 a.m.–1:00 p.m.; October 1, 2010, from 9:00 a.m.–1:00 p.m.; and December 17, 2010, from 9:00 a.m.–12:00 p.m.

Plan for Remediation:

The Associate Dean of Assessment has proposed funding for a Strategic Planning and self- assessment retreat beginning in fiscal year 2011–2012.

Timeline for Implementation:

Assuming funding is approved, remediation should begin in fiscal year 2011–2012.

Date of Vote(s):

September 17, 2010, October 1, 2010, and December 17, 2010

Page 27 of 281

Standard 203. STRATEGIC PLANNING AND ASSESSMENT In addition to the self study described in Standard 202, a law school shall demonstrate that it regularly identifies specific goals for improving the law school’s program, identifies means to achieve the established goals, assesses its success in realizing the established goals and periodically re- examines and appropriately revises its established goals.

Statement of Condition at Initial Review:

The strategic planning and assessment processes at the Duncan School of Law (“DSOL”) are ongoing and fully integrated with Lincoln Memorial University’s (“the University’s”) planning process.

Internally within the DSOL, the strategic planning and self-study are a collaborative effort between the deans (“the Administration”) of the DSOL and the DSOL’s Faculty (“the Faculty”). In January of each calendar year, each faculty member is asked to submit an email to the Associate Dean for Assessment, indicating: the DSOL’s strengths and weaknesses; areas for potential improvement and/or growth; and goals and/or strategies to achieve those areas of desired improvement and/or growth.53 The Administration then reviews the responses and schedules a series of faculty mini-retreats to address the topics raised by the survey.54 During each of those mini-retreats, topics are raised related to aspects of the DSOL’s functioning, operations, and accreditation compliance, and the Faculty votes on matters with potential to impact the direction of the DSOL’s future.55 Although the majority of mini-retreats occur at the beginning of each calendar year, the mini-retreat process is ongoing, and thus, it continues throughout the calendar year.

While planning, assessment, and improvement occur on a continuous basis at the DSOL, following the mini-retreats, the DSOL begins its process of reporting its annual findings to the University in preparation for the University’s Strategic Planning Retreat. Specifically, each May, the DSOL reports its annual Outcomes Assessments for its academic program.56 This report includes completion of three (3) Outcomes Assessment Forms—the Program Assessment Information Form, the Program Assessment Summary Form, and the Use of Prior Year Assessment Form—that together include academic program goals and objectives; intended outcomes (including student learning goals) for the academic program; how these outcomes are measured; how the outcomes are related to both institutional and strategic goals, where applicable; the extent to which the DSOL met those goals, objectives, and outcomes; and what, if any, remediation has been taken or is intended to remedy deficiencies in achieving those outcomes. Copies of the forms associated with these reports can be found in Exhibits 13, 14,

53 See Exhibits 9, 10 and 11. 54 In the 2009-2010 academic year, the Faculty met for mini-retreats related to strategic planning and self- assessment on the following dates: February 9, 2010, from 9:00 a.m.–12:00 p.m.; February 10, 2010, from 9:00 a.m.–12:00 p.m.; February 16, 2010, from 9:00 a.m.–12:00 p.m.; February 17, 2010, from 10:00 a.m.–1:00 p.m.; March 22, 2010, from 9:00 a.m.–12:00 p.m.; April 12, 2010, from 9:00 a.m.–12:00 p.m.; April 23, 2010, from 9:00 a.m.–3:30 p.m.; August 20, 2010, from 8:00 a.m.–1:00 p.m.; August 27, 2010, from 9:00 a.m.–11:30 a.m.; September 17, 2010, from 9:00 a.m.–1:00 p.m.; and October 1, 2010, from 9:00 a.m.–1:00 p.m.; December 17, 2010, from 9:00 a.m.–12:00 p.m. 55 See Exhibit 12. 56 See Exhibits 13, 14, and 15, respectively. It should be noted, the DSOL has not yet produced a Use of Prior Year Assessment Form, as, for this reporting period, the DSOL did not have prior-year assessments to evaluate. Page 28 of 281 and 15. Copies of the DSOL’s completed forms for this Report can be found in Exhibits 16.57 Furthermore, each June, the DSOL reports its annual Outcomes Assessments for its administrative departments.58 This Report requires completion of two (2) Outcomes Assessment forms—the Program Outcomes Assessment Summary Form and the Use of Prior Year Assessment Results Form—and includes program goals and objectives, intended outcomes for the program, how these outcomes are measured; how the outcomes are related to both institutional and strategic goals, where applicable; the extent to which the DSOL met those goals, objectives, and outcomes; and what, if any, remediation has been taken or is intended to remedy deficiencies in achieving those outcomes. The DSOL then uses those assessment results to, among other things, build the program budget for the DSOL and prepare for the University’s July Strategic Planning Retreat.

In addition to the regular, annual assessments described above, the DSOL participates in a comprehensive academic program review/self-study process every three-to-five (3-5) years. Academic programs use the University’s Guidelines and Schedule for Program Review Form59 which requires assessment and reporting on numerous program elements related to program effectiveness, including relevance to the University’s Mission, learning outcomes, teaching, scholarship, service, organization, curricula, size, and resources. DSOL has not yet completed its first University Guidelines and Schedule for Program Review Form.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current goal identification, assessment, and evaluation processes constitute an effective means of improving the Doctor of Jurisprudence program at the DSOL.

Date of Assessment by Administration & Faculty:

In terms of the Strategic Plan, the document was completed on April 23, 2010. The Strategic Plan was thereafter signed by Deans Beckman, Meldrum, and Marcantel on May 12, 2010.

57 The DSOL will complete its first Use of Prior Year Assessment Form in spring 2011. 58 See Exhibits 17 and 15 respectively. It should be noted, the DSOL has not yet produced a Use of Prior Year Assessment Form, as, for this reporting period, the DSOL did not have prior-year assessments to evaluate. 59 See Exhibit 18. Page 29 of 281

Plan for Remediation:

The Associate Dean for Assessment has proposed funding for a Strategic Planning and self- assessment retreat beginning in fiscal year 2011–2012.

Timeline for Implementation of Remediation:

Assuming funding is approved, remediation should begin in fiscal year 2011–2012.

Date of Vote(s):

September 17, 2010, October 1, 2010, and December 17, 2010

Page 30 of 281

Standard 204. GOVERNING BOARD OF AN INDEPENDENT LAW SCHOOL A law school that is not part of a university shall be governed by a governing board composed of individuals dedicated to the maintenance of a sound program of legal education.

Statement of Condition at Initial Review:

Not applicable

Assessment by the Administration & Faculty:

Not applicable

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

September 17, 2010, and December 17, 2010

Page 31 of 281

Standard 205. GOVERNING BOARD AND LAW SCHOOL AUTHORITY (a) A governing board may establish general policies that are applicable to a law school if they are consistent with the Standards. (b) The dean and faculty shall formulate and administer the educational program of the law school, including curriculum; methods of instruction; admissions; and academic standards for retention, advancement, and graduation of students; and shall recommend the selection, retention, promotion, and tenure (or granting of security of position) of the faculty.

(a) A governing board may establish general policies that are applicable to a law school if they are consistent with the Standards.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) is an academic unit of Lincoln Memorial University (“University”). The University is a private, non-profit institution controlled by a self- perpetuating Board of Trustees (“BOT”). BOT members are elected on the basis of commitment to the programs and purposes of the University. The BOT establishes the broad guidelines of philosophy and institutional purpose and names the President to execute those guidelines. The BOT is the governing body with legal responsibility for the University and the authority and duty to ensure that the University implements its Mission. The BOT is ultimately responsible for ensuring that the financial resources of the University are adequate to provide a sound educational program. As stated in Article I of the University By-Laws, the corporate powers of the University shall be vested in a BOT.60 The authority and responsibility of the BOT includes but is not limited to the following illustrative functions:

(a) Determine and periodically review the University’s mission and purposes. (b) Appoint the President, who is to be the University’s chief executive officer, and set appropriate terms of employment, including compensation. (c) Establish the terms of employment of other key institutional officers who serve at the pleasure of the President (in consultation with the board as may be appropriate). (d) Support the president and annually assess his or her performance based on mutually agreed-upon goals and other criteria. (e) Review and approve the university’s academic programs and other major enterprises consistent with the University’s mission, plans, and financial resources. (f) Approve institutional policies bearing on faculty appointment, promotion, tenure, and dismissal as well as personnel or anti-discrimination policies for other categories of employees. (g) Approve the annual budget and tuition and fees, regularly monitor the university’s financial condition, and establish policy guidelines affecting all institutional assets, including investments and the physical plant. (h) Contribute financially to the university’s fund-raising goals, participate actively in strategies to secure sources of support, and authorize university officers to accept gifts or bequests subject to board policy guidelines. (i) Authorize any debt financing and approve the securitization of loans. (j) Authorize the construction of new buildings, capitalization of deferred maintenance backlogs, and major renovations of existing buildings. (k) Authorize the purchase, sale, and management of land, buildings, or major equipment.

60 See Exhibit 74. Page 32 of 281

(l) Approve such policies that contribute to the best possible environment for students to learn and develop their abilities. (m) Approve such policies that protect academic freedom and contribute to the best possible environment for the faculty to teach, pursue their scholarship, and perform public service. (n) Approve all earned degrees through the faculty and president, as they shall recommend. (o) Approve all honorary degrees through the President. (p) Serve actively as advocates for the university in appropriate matters of public policy in consultation with the President and other responsible parties as the board shall determine. (q) Periodically undertake assessments of the board’s performance. (r) Cause to be kept a complete record of all proceedings, which shall at all times be subject to the inspection of any member. (s) Cause the minutes of all proceedings at regular or special meetings to be read and approved at the next regular meeting.

The University has a clearly defined and published organizational structure that delineates responsibility for administration.61 The organizational chart delineates the primary responsibilities of the members of the University’s administrative team (President and Vice Presidents) and the reporting lines for academic and administrative divisions, departments, and units. The chief executive officer is the President. The Officers of the University (as identified in the University By-Laws) are: the President, Vice President for Academic Affairs, Vice President for Finance, Vice President for University Advancement, Vice President for Enrollment Management and Student Services, and the Vice President and Dean of the DeBusk College of Osteopathic Medicine. Position profiles for the President and Vice Presidents clearly delineate the responsibilities associated with each position.62

The President implements directives of the Board of Trustees and oversees the efficient operation and management of the University. All Vice Presidents, Academic Deans, and Directors are charged by the President to further organize the various offices and activities within their areas of responsibility. The President’s and Vice Presidents’ authority and responsibility are clearly defined in the By-Laws.63 Responsibility for the administration of policies is delegated by the President to specific University administrators, based on their respective areas of oversight, as documented by the position profiles for the Officers of the University.64

The University, through its Board, has developed a number of policies that are applicable to every program, including the Doctor of Jurisprudence degree, in the University. Those policies include but are not limited to those published in the Faculty/Staff Policy Manual.65

Assessment by the Administration & Faculty:

The Faculty believes the Board of Trustees serves an appropriate role in the administration of the University and the DSOL. Nevertheless, the Administration and Faculty are concerned regarding two (2) specific issues within the Bylaws. First, subpart (l) of the Bylaws seems to contemplate that the Board of Trustees could approve—or in the inverse, reject—curricular

61 See Exhibit 75. 62 See Exhibit 76. 63 See Exhibit 74, Article IX, Sections 1-7. 64 See Exhibit 76. 65 See Exhibit 77. Page 33 of 281 policies. Second, the Bylaws do not currently list the Dean of the DSOL as a cabinet-level position.

As to the first, Article II, Section 2, subpart (l) of the Bylaws provides the following: “Approve such policies that contribute to the best possible environment for students to learn and develop their abilities.” This subpart, when taken literally and broadly, seems to contemplate that the Board could exercise discretion over curricular policies of the DSOL. The Faculty believes this provision needs to be altered to reflect that the Board of Trustees does not exercise discretion over the curricular approval process. The Faculty believes the desired result could be achieved by inserting the word “non-curricular” into the sentence such that it would read: “Approve non- curricular policies that contribute to the best possible environment for students to learn and develop their abilities.”

As to the second, the Dean of the DeBusk College of Osteopathic Medicine currently holds a vice president position on the President’s Cabinet. The Faculty believes the Dean of the DSOL should hold a similar position on the President’s Cabinet.

Date of Assessment by the Administration & Faculty:

September 17, 2010

Plan for Remediation:

The Dean and the Vice President for Academic Affairs shall petition the Board of Trustees to alter the Bylaws to reflect the requested alterations. The Faculty understands the Board of Trustees intends to meet via telephone on September 24, 2010.

Timeline for Implementation:

The Dean and Vice President for Academic Affairs hope to have the requested changes approved on September 24, 2010.

Follow-up:

The Board of Trustees accepted the proposed changes. Article II, Section 2, subpart (l) now provides: “Approve non-curricular policies that contribute to the best possible environment for students to learn and develop their abilities.”66 Furthermore, the Board of Trustees adopted the following amendment to Article IX, Section 7:

There may be a position of vice president and dean of the School of Law with related responsibility named by the president in consultation with the Board of Trustees. Under the direction of the president of the university, the vice president and dean of the School of Law shall be the chief academic officer of the School of Law. The vice president and dean shall direct and oversee all aspects of the School of Law, ensuring that the program fulfills the mission, goals, and objectives of Lincoln Memorial University. The Vice

66 See Exhibit 74. Page 34 of 281

President and Dean shall be responsible for planning, budgeting, coordinating, supervising, and evaluating personnel and programs within the School of Law and for compliance with Southern Association of College and Schools-Commission on Colleges (SACS-COC), American Bar Association (ABA), and Tennessee Board of Law Examiners’ (TBLE) accreditation standards. The VP and Dean will be employed full time by the University and will not engage in gainful employment outside the institution.67

Effective October 29, 2010, the Dean of the DSOL became a vice president of the University with the following title, “Vice President, Dean and Professor of Law.” The Vice President and Dean of the DSOL is a member of the President’s Cabinet.

67 See Exhibit 74. Page 35 of 281

(b) The dean and faculty shall formulate and administer the educational program of the law school, including curriculum; methods of instruction; admissions; and academic standards for retention, advancement, and graduation of students; and shall recommend the selection, retention, promotion, and tenure (or granting of security of position) of the faculty.

Statement of Condition at Initial Review:

The Dean and Faculty formulate and administer the academic program at the Duncan School of Law (“DSOL”) in terms of its curriculum; methods of instruction; admissions standards; and selection, retention, advancement, and graduation standards. Furthermore, the Dean and Faculty recommend the selection, retention, promotion, and security of position of the Faculty.

1. Curriculum The amount and level of academic credit awarded at the DSOL represents a collaborative effort between the DSOL Administration and the DSOL Faculty. Curricular changes of any kind for the DSOL curricular program originate in the DSOL Curriculum Committee. And, in the event proposals for curricular changes do not originate in the DSOL Curriculum Committee, proposals for curricular changes are, after origination, sent to the DSOL Curriculum Committee before a vote of faculty members is held. The DSOL Curriculum Committee is chaired by a member of the Faculty appointed by the Dean, and the Committee is composed of Faculty members who are also appointed by the Dean.68

Once in the DSOL Curriculum Committee, the Committee reviews the proposal, debates its relative merits, and determines what recommended disposition, if any, should be forwarded to the Faculty. For every proposal before the DSOL Curriculum Committee, one of three dispositions will occur: the proposal will be rejected; the proposal will be accepted; or the proposal will be accepted with alterations. If a proposal is rejected by the DSOL Curriculum Committee, the proposal will not be sent to the Faculty.

If the DSOL Curriculum Committee has reached a positive disposition on a proposal, the DSOL Curriculum Committee forwards that disposition for a vote before the Faculty. Each proposal must receive a favorable majority vote of the DSOL Faculty to be approved.

2. Methods of Instruction The DSOL’s academic program has both mandatory and discretionary aspects. In terms of mandatory aspects, the Faculty is required to conduct a mid-term examination in each doctrinal class.69 Furthermore, following the mid-term examination, each doctrinal faculty member is required to hold a debriefing session with the students, wherein the professor discusses the correct answers to the exam and the reasons for those answers.70

68 See Exhibit 78. 69 See Exhibit 79, Section III.A.4. 70 See Exhibit 79, Section III.C.5. Page 36 of 281

The mid-term examination requirement is intended as a mechanism for both formative and summative assessment and is one of the DSOL’s methods of instruction. Additionally, the DSOL requires each of its professors to administer at least three (3) TurningPoint questions per class session.71 At the end of each administration, professors are encouraged to discuss the correct answers with the students and the reasons for those answers.72 This requirement is intended to provide formative assessment for both the student and professor and is one of the DSOL’s methods of instruction. Furthermore, the DSOL requires that each professor record his/her classes for uploading on the MediaSite system. The recordings permit students to review class lectures, both on-site and remotely, to enhance instruction through repetition. Moreover, the DSOL has enacted a policy of writing across the curriculum. This policy requires every professor at the DSOL to include at least one writing assignment over the course of the academic semester in each of his/her classes. Professors are given great latitude in determining the type(s) of writing assignment(s), but written portions of mid-term or final exams do not meet this requirement. The assignment(s) must include or enhance some aspect of the following: analytical skills, general problem-solving skills, or synthesizing skills.73 Finally, the DSOL has enacted a policy of skills across the curriculum. This policy requires Faculty to include at least one skills-based assignment over the course of the academic semester in every class. Professors are given great latitude in determining the type of skills-based assignment(s), but the assignment(s) must, either directly or indirectly, focus on some aspect of practicing law. Specific areas for focus include, but are not limited to: drafting skills, oral advocacy skills, research skills, and dispute resolution skills.74

The remaining methods of instruction are left to the discretion of individual faculty members, and no administrative policies encumber those instructional methods. Nevertheless, each Faculty member is continuously reviewed by the Dean and his/her peers to determine whether adopted instructional methods are consistent with the Mission of the DSOL, consistent with the Mission of the University, and appropriate to the course.75

3. Admissions Standards The DSOL Admissions Committee (“the Committee”) and the Dean have exclusive authority to admit, deny, or wait-list student applicants to the DSOL. The following is the procedure for administering the admissions process.

71 See Exhibit 79, Section III.K.2. 72 See Exhibit 79, Section III.K.2. 73 See Exhibit 73. 74 See Exhibit 73. 75 Copies of Annual Reviews by the Dean are available upon request. A copy of the DSOL Peer Review Form is attached hereto as Exhibit 80. Copies of completed DSOL Peer Review Forms are available upon request. Page 37 of 281

applicant and made his/her initial determination, the Director forwards the student’s completed Application, along with the Director’s recommendation, to the Committee.

The Committee is appointed by the Dean and composed of three members of the Faculty—the Chair and two associate members.76 When the Director submits an Application to the Committee, the two associate members review the Application. To the extent both associate members reach a consensus on whether to admit, deny, or wait-list an applicant, that decision is the final and unappealable decision of the Committee. To the extent the two associate members disagree, the Chair reviews the application and breaks the tie. If the Chair’s vote, when combined with an associate member’s vote, achieves a simple majority decision, the decision becomes the final and unappealable decision of the Committee. In any event, if a majority of the Committee votes to deny admission, no further process exists. This decision is the final disposition on the application (“the Final Action”).

If the Chair does not agree with either associate member of the Committee on the disposition, thus failing to garner a majority vote, then the Committee convenes and attempts to reach a majority consensus (“the Consensus Meeting”). Once a Consensus Meeting is convened, each member of the Committee casts a vote to admit, deny, or wait- list the applicant; no member may cast a vote for “no action” once a Consensus Meeting is convened. If the Committee reaches a majority consensus, the decision is the final and unappealable decision of the Committee. If, however, the Committee cannot achieve a majority consensus following the Consensus Meeting, the respective decisions of the Committee’s members are forwarded to the Dean. The Dean then casts the deciding vote, and that vote becomes the Final Action.

If the Committee achieves a majority consensus to admit or wait-list an applicant, the Chair shall transmit the application to the Dean for approval. The Dean may then accept or reject the decision of the Committee. If the Dean agrees with the Committee’s decision, then the decision becomes the Final Action. If the Dean does not agree with the Committee’s decision, then the following process is used:

If the Committee votes to admit a student and the Dean votes to wait-list a student, the student is placed on the wait-list. This becomes the Final Action. If the Committee votes to wait-list a student and the Dean votes to admit a student, the student is placed on the wait-list. This becomes the Final Action. If the Committee votes to admit a student and the Dean votes to reject a student, the student is rejected. This becomes the Final Action.

If the Final Action is to wait-list an applicant, the Director alerts the applicant that he/she has been wait listed. Thereafter, the Director creates a file of wait-listed applicants. As openings in the class become available, the Director alerts the Committee and Dean; the

76 A current list of the Chair and Committee Members for the Admissions Committee is attached hereto as Exhibit 78. Page 38 of 281

Committee and Dean shall then rank the wait-listed applicants to determine the order of admission.77

4. Selection, Retention, Advancement, and Graduation Standards for Students As to selection of students, the Admissions process is described above in Section (c)(3). As to retention, advancement, and graduation, those standards are administered by the Academic Standards Committee. Thus, alterations of policies regarding these areas originate in the Academic Standards Committee. And, in the event proposals for standards changes do not originate in the DSOL Academic Standards Committee, proposals for changes are, after origination, sent to the DSOL Academic Standards Committee. The DSOL Academic Standards Committee is chaired by a member of the Faculty appointed by the Dean, and the Committee is composed of Faculty members who are also appointed by the Dean.78

Once in the DSOL Academic Standards Committee, the Committee reviews the proposal, debates its relative merits, and determines what disposition should be forwarded to the Faculty. For every proposal before the DSOL Academic Standards Committee, one of three dispositions will occur: the proposal will be rejected; the proposal will be accepted; or the proposal will be accepted with alterations. If a proposal is rejected by the DSOL Academic Standards Committee, the proposal will not be sent to the Faculty.

If the DSOL Academic Standards Committee has reached a positive disposition on a proposal, the DSOL Academic Standards Committee forwards that disposition for a vote before the Faculty. Each proposal must receive a favorable simple majority vote of the DSOL Faculty to be approved.

5. Selection, Retention, Security of Position, and Promotion of Faculty The hiring of a full-time faculty member requires approval of the DSOL Faculty, the DSOL Dean, the Vice President for Academic Affairs, and the President of the University. All full-time faculty hires originate with the DSOL Recruitment Committee, a body solely composed of DSOL faculty members.79 The Committee is charged with reviewing Applications, conducting preliminary interviews, and making a recommendation to the Faculty. Each candidate must receive a positive recommendation by at least fifty-one (51) percent of the Committee to have his/her Application presented to the Faculty.

Candidates who proceed past review by the Committee are then reviewed by the DSOL Faculty. The DSOL Faculty may, but is not required to, conduct additional interviews, require presentations, or request any additional materials it desires before reaching a vote. At this stage, a successful candidate must receive at least a two-thirds (2/3) positive vote of the DSOL Faculty to achieve a recommendation from the DSOL Faculty. Assuming the candidate receives the required vote from the Faculty, the Chair of the Committee then forwards that recommendation to the Dean of the DSOL.

77 Copies of admissions files shall be available to the Site Team for inspection. 78 See Exhibit 78. 79 For a current list of the Committee’s Members, see Exhibit 78. Page 39 of 281

When the Dean of the DSOL receives the Faculty’s recommendation, the Dean is free to accept or reject the recommendation. Furthermore, the Dean is free to not act on the Faculty’s recommendation and permit the recommendation to expire. If the Dean accepts the Faculty’s recommendation, the Dean then submits that recommendation to the Vice President for Academic Affairs. Once the Vice-President for Academic Affairs reaches a recommendation, the Vice President for Academic Affairs forwards that recommendation, along with the recommendation of the Dean and the Faculty, to the President. The President makes all final decisions on hiring and is free to accept or reject any candidate who has successfully completed the above process.

Decisions regarding the retention and promotion of faculty members lie with the Dean, the Promotion and Retention Committee, the Vice President for Academic Affairs, the President, and the Board of Trustees.

All recommendations for promotion or retention originate with the Promotion and Retention Committee. Annually, each member of the Faculty is required to submit an Annual Self-Evaluation Form, with accompanying documentation, to the Dean.80 Once the Dean receives the form from a faculty member, the Dean then forwards the completed form to the Promotion and Retention Committee. The Promotion and Retention Committee then reviews the form and makes a recommendation to the Dean regarding retention and/or promotion. In reaching its determination, the Promotion and Retention Committee may, but is not required to, interview the faculty member.

Once the Dean has received a recommendation from the Promotion and Retention Committee, the Dean shall review both the form and the recommendation from the Promotion and Retention Committee. In addition, the Dean shall schedule a meeting with the faculty member to discuss areas of strengths and weaknesses. Following that meeting, the Dean shall reach a decision on whether to recommend retention and/or promotion. Once the Dean has reached a final recommendation, the Dean forwards his/her recommendation on retention and promotion to the Vice President for Academic Affairs. Once the Vice President for Academic Affairs has reached a recommendation, the Vice President for Academic Affairs then forwards the recommendation, along with the recommendation of the Dean and the Promotion and Retention Committee, to the President.

When the President receives the recommendation from the Vice President for Academic Affairs, the President makes a final determination on retention. Furthermore, in the event of a recommended promotion, the President makes recommendations to the Board of Trustees regarding promotion of faculty rank and extension of long-term contracts.

80 A copy of the form is attached hereto as Exhibit 81. Page 40 of 281

Assessment by the Administration & Faculty:

1. Curriculum The Administration and Faculty believe the current mechanism for administration and alteration of the Program’s curriculum is effective. No recommendations currently exist for altering the mechanism.

2. Methods of Instruction The Administration and Faculty see the mandatory aspects of its policies as still in the experimental phase. The Administration and Faculty do not believe significant assessment can be completed at this time, as these processes are still new and need time to mature prior to assessment and potential alteration.

3. Admissions The Administration and Faculty believe the current mechanism for reviewing admissions files is effective. Nevertheless, the Administration and Faculty are concerned that the 2010–2011 data indicates the median admission scores for the academic program declined from the 2009–2010 academic year compared to the 2010–2011 academic year in contravention of the proposed movement toward higher medians discussed during the February 2010 mini-retreats.

4. Retention, Advancement, and Graduation Standards The Administration and Faculty believe the current mechanism for retention, advancement, and graduation standards is effective. No recommendations currently exist for altering the mechanism.

5. Selection, Retention, Security of Position, and Promotion of Faculty The Administration and Faculty believe the current mechanism for review of faculty selection, retention, and promotion is sufficient and effective. Nevertheless, the Faculty believes the Dean should not be required to seek approval from the Vice President for Academic Affairs for hiring, retention, or promotion of the Faculty. Rather, the Faculty believes the Dean should possess a cabinet-level position that reports directly to the President. With this change, the Dean would no longer be required to seek approval from the Vice President for Academic Affairs for selection, retention, or promotion of Faculty members.

Dates of Assessment by the Administration & Faculty:

February 9, 2010, September 17, 2010, and December 17, 2010

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Plan for Remediation:

1. Curriculum Not applicable

2. Methods of Instruction Not applicable

3. Admissions The Faculty believes it needs to take a greater role in the recruitment activities at the DSOL. Specifically, the Faculty intends to do the following: create a pilot pipeline program with local high schools; send faculty to recruitment conferences; and more regularly attend open houses.

Furthermore, the Administration believes its recruitment efforts need to be more proactive. Specifically, the Administration has committed to hiring existing students to call every local, prospective student who has recently taken the LSAT and scored between a 148 and a 160, inclusive, to improve its recruitment numbers.

4. Retention, Advancement, and Graduation Standards Not applicable.

5. Selection, Retention, Security of Position, and Promotion of Faculty The Dean and Vice President for Academic Affairs shall recommend that the Board of Trustees alter the Bylaws to provide a cabinet-level position for the Dean of the DSOL. Along with the position change, the Dean and Vice President for Academic Affairs shall seek to ensure that the cabinet- level position extinguishes the need for the Dean to seek approval from the Vice President for Academic Affairs to select, retain, or promote Faculty members.

Timeline for Implementation:

1. Curriculum Not applicable

2. Methods of Instruction Not applicable

3. Admissions As to the Pipeline Program, Professor Cheryl George is charged with creating a plan for a Faculty Pipeline Program. Professor Cheryl George shall present the plan to the Faculty at the February Strategic Planning Retreat (2011).

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As to sending Faculty to recruitment conferences, the Faculty shall create a schedule of attendance of Faculty members at recruitment conferences. This schedule shall be prepared by the Faculty Admissions Chair and presented to the Faculty during the February Strategic Planning Retreat.

As to Faculty attendance at open houses, the Faculty shall begin attending open houses effective immediately.

4. Retention, Advancement, and Graduation Standards Not applicable

5. Selection, Retention, Security of Position, and Promotion of Faculty The Dean shall propose an alteration to the Bylaws at the September 24, 2010, Board of Trustees meeting.

Evaluation of Progress:

1. Curriculum Not applicable

2. Methods of Instruction Not applicable

3. Admissions As to the proposed Pipeline Program, no assessment can yet take place, as the proposal has not yet been generated. As to the recruitment conferences, no assessment can yet take place, as the proposal has not yet been generated. As to the open houses, faculty members have been attending open houses. However, to date, there is no method of determining which, if any, faculty members are consistently absent from the open houses. Thus, the Faculty recommends taking attendance at the open houses to encourage uniform attendance. Date of Recommendation: September 17, 2010.

As of December 17, 2010, this recommendation has not been enacted. Henceforth, the Dean of Students shall be charged with maintaining attendance at open houses. Attendance records shall be submitted to the Office of the Dean of the DSOL within forty-eight (48) hours of each open house.

4. Retention, Advancement, and Graduation Standards Not applicable

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5. Selection, Retention, Security of Position, and Promotion of Faculty The proposed change has been implemented as of September 24, 2010. (Amended December 17, 2010)

Dates of Faculty Evaluation of Progress:

September 17, 2010, and December 17, 2010

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Standard 206. DEAN (a) A law school shall have a full-time dean, selected by the governing board or its designee, to whom the dean shall be responsible. (b) A law school shall provide the dean with the authority and support needed to discharge the responsibilities of the position and those contemplated by the Standards. (c) Except in extraordinary circumstances, a dean shall also hold appointment as a member of the faculty with tenure. (d) The faculty or a representative body of it shall advise, consult, and make recommendations to the appointing authority in the selection of a dean.

(a) A law school shall have a full-time dean, selected by the governing board or its designee, to whom the dean shall be responsible.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) has a full-time Dean who was nominated by the President and approved by the Board of Trustees.81

Assessment by the Administration and Faculty:

The Administration and Faculty believe the Dean of the DSOL currently complies with the Standard.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Evaluation of Progress:

Not applicable

Dates of Faculty Evaluation of Progress:

August 20, 2010, and December 17, 2010

81 A current curriculum vitae for the Dean is attached hereto as Exhibit 26. Page 45 of 281

(b) A law school shall provide the dean with the authority and support needed to discharge the responsibilities of the position and those contemplated by the Standards.

Statement of Condition at Initial Review:

The Dean is the chief academic officer for the Duncan School of Law (“DSOL”) and possesses all authority commensurate with that position. Specifically, the Dean possesses the authority to, among other things: recommend all faculty hiring; recommend all staff hiring; recommend promotion and retention of the Faculty; set administrative policy for the DSOL; participate, along with the DSOL Faculty, in strategic planning for the DSOL; participate in strategic planning at the University level; make recommendations regarding the budget for the DSOL; participate, along with the DSOL Faculty, in recommending alterations to the DSOL curriculum; set the academic calendar for the DSOL; appoint faculty committees at the DSOL; and make recommendations regarding alterations to the DSOL facilities.

In terms of administrative support, the Dean has selected three (3) individuals from the Faculty to serve as his Associate Deans—Gordon Russell, Associate Dean and Director of the Law Library; April Meldrum, Associate Dean for Academics; and Jonathan Marcantel, Associate Dean for Assessment.82 In addition to the Associate Deans, the Dean has selected one (1) Dean who does not hold faculty rank—Laura Hash, Dean of Students.83 The Dean furthermore has a dedicated executive assistant—Anita Monroe.84 Finally, the Dean has selected three (3) individuals to serve as administrative heads of various departments. First, the Dean has selected Paul Carney as Director of Admissions.85 Second, the Dean has selected Michelle Baird as Coordinator of Financial Aid.86 Third, the Dean, in combination with the Faculty, has selected Heather Zuber as Director of Lawyering Skills and Director of Academic Success Programs.87

In terms of financial support, the DSOL provides sufficient financial support for both the Dean and the academic program.88

82 Copies of their curriculum vitaes are attached hereto as Exhibits 37, 33, and 31, respectively. Copies of their position profiles are attached hereto as Exhibit 36, 32, and 30, respectively. 83 A copy of the dean’s curriculum vitae is attached hereto as Exhibit 26. A copy of the dean’s position profile is attached hereto as Exhibit 25. 84 A copy of her resume is attached hereto as Exhibit 28. A copy of her position profile is attached hereto as Exhibit 27. 85 A copy of Mr. Carney’s resume is attached hereto as Exhibit 49. A position profile for the Director of Admissions is attached hereto as Exhibit 48. 86 A copy of Ms. Baird’s resume is attached hereto as Exhibit 53. A position profile for the Coordinator of Financial Aid is attached hereto as Exhibit 52. 87 A copy of Professor Zuber’s curriculum vitae is attached hereto as Exhibit 56. A copy of the position profile for the Director of Lawyering Skills and Director of Academic Success Programs is attached hereto as Exhibit 55. 88 For specific information, see response to Standard 201. Page 46 of 281

Assessment by the Administration and Faculty:

Although the Faculty of the DSOL believe the Dean currently possesses the appropriate authority to administer the DSOL, the Faculty of the DSOL do not believe the Dean currently possesses a sufficient administrative staff to administer the curricular program. Specifically, although the position of Director of Career Services has a budget line, the position has not currently been filled, and thus, the DSOL does not currently have a functioning Career Services department. (Date of Vote: October 1, 2010)

Plan for Remediation:

Timeline for Implementation:

February 1, 2011

Evaluation of Progress:

On December 17, 2010, the Dean reported that he has hired a Director of Career Services (“the Director”). The Director will begin working at the DSOL on January 10, 2011. A copy of the Director’s resume is attached hereto as Exhibit 72.

Date of Faculty Evaluation of Progress:

December 17, 2010

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Statement of Condition at Initial Review:

The Dean holds an appointment as a member of the Faculty with the highest faculty rank offered by the Lincoln Memorial University (“University”).

Effective March 1, 1976, the University ceased granting Faculty Tenure and instituted the multi- year appointment system. The University recognizes three classifications of appointment:

A. One-year Appointment - may be renewed annually. B. Three-year Appointment - not to be affected by change in faculty rank. C. Five-year Appointment - not to be affected by change in faculty rank.89

In addition, for the Duncan School of Law (“DSOL”) only, the University recognizes the following type of appointment: five-year appointment which is presumptively renewable.90

The Dean possesses a five-year, presumptively renewable contract in both his administrative position and his faculty position.

Assessment by the Administration and Faculty:

The Faculty believes the University policy should be altered to provide tenure to the Dean and the opportunity for tenure for the Faculty.

Plan for Remediation:

The Dean shall develop and propose a Tenure Policy to the Board of Trustees, the President, and the Vice President for Academic Affairs. (Approved: February 9, 2010)

Evaluation of Progress:

The Dean shall propose a policy for the development of a Tenure Policy no later than October 1, 2010. (Approved: February 9, 2010)

89 See Exhibit 79, Section VI.B. 90 See Exhibit 79, Section V. Page 48 of 281

Further Evaluation of Progress:

As of August 9, 2010, the Dean had developed a proposed Tenure Policy and forwarded the proposal to the President, the Vice President for Academic Affairs, and the Executive Committee of the Board of Trustees.91 The Dean reports that he anticipates a vote on the proposal on or before December 15, 2010. (Approved: September 17, 2010)

Further Evaluation of Progress:

On November 16, 2010, the Board of Trustees voted to adopt a tenure policy for the DSOL.92 Both the Dean and the Associate Dean and Director of the Law Library intend to apply for tenure on or before the May 2011. (Approved: December 17, 2010)

91 A copy of the proposal is attached hereto as Exhibit 82. 92 See Exhibit 83. Page 49 of 281

(d) The faculty or a representative body of it shall advise, consult, and make recommendations to the appointing authority in the selection of a dean.

Statement of Condition at Initial Review:

The Lincoln Memorial University (“University”) selected the Dean prior to hiring any member of the Duncan School of Law (“DSOL”) Faculty. Accordingly, the DSOL Faculty did not advise, consult, or make recommendations regarding the hiring of the Dean. Nevertheless, the DSOL policies regarding hiring of future deans require consultation and recommendation by the program faculty.93

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current, existing policies for hiring the Dean of the DSOL comply with the Standard.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Evaluation of Progress:

Not applicable

Dates of Faculty Evaluation of Progress:

February 7, 2010, August 20, 2010, and December 17, 2010

93 See Exhibit 79, Section XVII. Appendix D. Page 50 of 281

Standard 207. ALLOCATION OF AUTHORITY BETWEEN DEAN AND FACULTY The allocation of authority between the dean and the law faculty is a matter for determination by each institution as long as both the dean and the faculty have a significant role in determining educational policy.

Statement of Condition at Initial Review:

The Dean and Faculty share authority over the educational program at the Duncan School of Law (“DSOL”). Specifically, the Dean and Faculty share authority over curricular development; admissions; and standards for advancement, retention, and graduation.

a. General Allocation of Authority: Faculty have primarily responsibility for the delivery of instruction to accomplish the goals of the educational program. The Dean is responsible, through the Law School’s academic administration for ensuring the educational effectiveness of all instruction. The Dean and the Faculty share responsibility for student learning, but the Dean is primarily responsible for developing and maintaining an educational environment and facilities that enhance and support instruction.

The Dean and Faculty work together to strengthen the DSOL’s academic program by sharing responsibilities and authority and several areas. For example, faculty identify learning and technology resources and the Dean ensures that financial resources to support the faculty requests related to efforts to improve instruction are incorporated into future budget proposals.

b. Curriculum: The amount and level of academic credit awarded at the DSOL represents a collaborative effort between the DSOL Administration and the DSOL Faculty. Curricular changes of any kind for the DSOL curricular program originate in the DSOL Curriculum Committee. And, in the event proposals for curricular changes do not originate in the DSOL Curriculum Committee, proposals for curricular changes are, after origination, sent to the DSOL Curriculum Committee before a vote of faculty members is held. The DSOL Curriculum Committee is chaired by a member of the Faculty appointed by the Dean, and the Committee is composed of Faculty members who are also appointed by the Dean.94

Once in the DSOL Curriculum Committee, the Committee will review the proposal, debate its relative merits, and determine what disposition should be forwarded to the Faculty. For every proposal before the DSOL Curriculum Committee, one of three dispositions will occur: the proposal will be rejected; the proposal will be accepted; or the proposal will be accepted with alterations. If a proposal is rejected by the DSOL Curriculum Committee, the proposal will not be sent to the Faculty.

94 See Exhibit 78. Page 51 of 281

c. Methods of Instruction: The DSOL’s academic program has both mandatory and discretionary aspects. In terms of mandatory aspects, the Faculty is required to administer a mid-term examination in all doctrinal classes.95 Furthermore, following the mid-term examination, each doctrinal faculty member is required to hold a debriefing session with the students, whereby the professor discusses the correct answers to the exam and the reasons for those answers.96 The mid-term examination requirement is intended as a mechanism for both formative and summative assessment and is one of the DSOL’s methods of instruction. Additionally, the DSOL requires each of its professors to administer at least three (3) TurningPoint questions per class session.97 At the end of each administration, professors are encouraged to discuss the correct answers with the students and the reasons for those answers.98 This requirement is intended to provide formative assessment for both the student and professor and is one of the DSOL’s methods of instruction. Furthermore, the DSOL requires that each professor record his/her classes for uploading on the MediaSite system. The recordings permit students to review class lectures, both on-site and remotely, to enhance learning through repetition. The DSOL began its program with the policies in place and have been supported by the faculty.

Moreover, the DSOL has enacted a policy of writing across the curriculum. This policy requires every professor at the DSOL to include at least one writing assignment over the course of the academic semester in each of his/her classes. Professors are given great latitude in determining the type(s) of writing assignment(s), but written portions of mid-term or final exams do not meet this requirement. The assignment(s) must include or enhance some aspect of the following: analytical skills, general problem-solving skills, or synthesizing skills.99 Finally, the DSOL has enacted a policy of skills across the curriculum. This policy requires faculty to include at least one skills-based assignment over the course of the academic semester in every class. Professors are given great latitude in determining the type of skills-based assignment(s), but the assignment(s) must, either directly or indirectly, focus on some aspect of practicing law. Specific areas for focus include, but are not limited to: drafting skills, oral advocacy skills, research skills, and dispute resolution skills.100 Both of these policies originated from the faculty.

95 See Exhibit 79, Section IV.A.5. 96 See Exhibit 79, Section III.A.4. 97 See Exhibit 79, Section III.K.2 98 See Exhibit 79. Section III.K.2 99 See Exhibit 73. 100 See Exhibit 73. Page 52 of 281

d. Admissions Standards: The DSOL Admissions Committee (“the Committee”) and the Dean have exclusive authority to admit, deny, or wait-list student applicants to the DSOL. The following is the procedure for administering the admissions process.

The point of entry for all student applications is through the Director of Admissions (“the Director”). When the Director receives a completed student Application, the Director reviews the Application and makes a preliminary assessment of whether the applicant meets the requirements for admission at the DSOL. Once the Director has assessed the applicant and made his/her initial determination, the Director forwards the student’s completed Application, along with the Director’s recommendation, to the Committee.

The Committee is appointed by the Dean and composed of three members of the Faculty—the Chair and two associate members. When the Director submits an Application to the Committee, the two associate members review the Application. To the extent both associate members reach a consensus on whether to admit, deny, or wait-list an applicant, that decision is the final and unappealable decision of the Committee. To the extent the two associate members disagree, the Chair reviews the application and breaks the tie. If the Chair’s vote, when combined with an associate member’s vote, achieves a simple majority decision, the decision is the final and unappealable decision of the Committee. In any event, if a majority of the Committee votes to deny admission, no further process exists. This decision is the final disposition on the application (“the Final Action”).

If the Chair does not agree with either associate member of the Committee on the disposition, thus failing to garner a majority vote, then the Committee convenes and attempts to reach a majority consensus (“the Consensus Meeting”). Once a Consensus Meeting is convened, each member of the Committee casts a vote to admit, deny, or wait-list the applicant; no member may cast a vote for “no action” once a Consensus Meeting is convened. If the Committee reaches a majority consensus, the decision is the final and unappealable decision of the Committee. If, however, the Committee cannot achieve a majority consensus following the Consensus Meeting, the respective decisions of the Committee’s members are

101 Copies of Annual Reviews by the Dean are available for review upon request. A copy of the DSOL Peer Review Form is attached hereto as Exhibit 80. Copies of completed the DSOL Peer Review Forms are available for review upon request. Page 53 of 281

forwarded to the Dean. The Dean then casts the deciding vote, and that vote becomes the Final Action.

If the Committee achieves a simple majority consensus to admit or wait list an applicant, the Chair shall transmit the application to the Dean for approval. The Dean may then accept or reject the decision of the Committee. If the Dean agrees with the Committee’s decision, then the decision becomes the Final Action. If the Dean does not agree with the Committee’s decision, then the following process is used:

If the Final Action is to wait-list an applicant, the Director alerts the applicant that he/she has been wait-listed. Thereafter, the Director creates a file of wait-listed applicants. As openings in the class become available, the Director alerts the Committee and Dean; the Committee and Dean shall then rank the wait-listed applicants to determine the order of admission.102

e. Retention, Advancement, and Graduation Standards: Academic standards for retention, advancement, and graduation are applied by the Academic Standards Committee. Thus, alterations of policies regarding these areas originate in the Academic Standards Committee. And, in the event proposals for standards changes do not originate in the DSOL Academic Standards Committee, proposals for curricular changes are, after origination, sent to the DSOL Academic Standards Committee. The DSOL Academic Standards Committee is chaired by a member of the Faculty appointed by the Dean, and the Committee is composed of Faculty members who are also appointed by the Dean.103

If the DSOL Academic Standards Committee has reached a positive disposition on a proposal, the DSOL Academic Standards Committee forwards that

102 Copies of admissions files shall be available to the Site Team for inspection. 103 See Exhibit 78. Page 54 of 281

disposition for a vote before the Faculty. Each proposal must receive a favorable simple majority vote of the DSOL Faculty to be approved.

Assessment by the Administration & Faculty:

a. Curriculum The Administration and Faculty believe the current mechanism for administration and alteration of the Program’s curriculum is effective. No recommendations currently exist for altering the mechanism.

b. Methods of Instruction The Administration and Faculty see the mandatory aspects of its policies as still in the experimental phase. The Administration and Faculty do not believe significant assessment can be completed at this time, as these processes are new and need time to mature prior to assessment.

c. Admissions The Administration and Faculty believe the current mechanism for reviewing admissions files is effective. Nevertheless, the Administration and Faculty are concerned that the 2010–2011 data indicates the median admission scores for the academic program declined from the 2009–2010 academic year compared to the 2010–2011 academic year in contravention of the proposed movement toward higher medians discussed during the February 2010 mini-retreats.

d. Retention, Advancement, and Graduation Standards The Administration and Faculty believe the current mechanism for retention, advancement, and graduation is effective and appropriate.

Dates of Assessment by the Administration & Faculty:

February 9, 2010, September 17, 2010, and December 17, 2010.

Plan for Remediation:

a. Curriculum Not applicable

b. Methods of Instruction Not applicable

c. Admissions The Faculty believes it needs to take a greater role in the recruitment activities at the DSOL. Specifically, the Faculty intends to do the following: create a pilot pipeline program with local high schools; send faculty to recruitment conferences; and more regularly attend open houses.

Page 55 of 281

Furthermore, the Administration believes its recruitment efforts need to be more proactive. Specifically, the Administration has committed to calling every local, prospective student who has recently taken the LSAT and scored between a 148 and a 160, inclusive, to improve its recruitment numbers.

d. Retention, Advancement, and Graduation Not applicable

Timeline for Implementation:

a. Curriculum Not applicable

b. Methods of Instruction Not applicable

c. Admissions As to the Pipeline Program, Professor Cheryl George is charged with creating a plan for a Faculty Pipeline Program. Professor Cheryl George shall present the plan to the Faculty at the February Strategic Planning Retreat (2011).

As to sending Faculty to recruitment conferences, the Faculty shall create a schedule of attendance of Faculty members at recruitment conferences. This schedule shall be prepared by the Faculty Recruitment Chair and presented to the Faculty during the February Strategic Planning Retreat.

As to Faculty attendance at open houses, the Faculty shall begin attending open houses effective immediately.

d. Retention, Advancement, and Graduation Not applicable

Evaluation of Progress:

a. Curriculum Not applicable

b. Methods of Instruction Not applicable

c. Admissions As to the proposed Pipeline Program, no assessment can yet take place, as the proposal has not yet been generated. As to the recruitment conferences, no assessment can yet take place, as the proposal has not yet been generated. As to the open houses, faculty members have been attending open houses. However, to date, there is no method of determining which, if any, faculty

Page 56 of 281

members are consistently absent from the open houses. Thus, the Faculty recommends taking attendance at the open houses to encourage uniform attendance. Date of Recommendation: September 27, 2010.

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Standard 208. INVOLVEMENT OF ALUMNI, STUDENTS AND OTHERS A law school may involve alumni, students, and others in a participatory or advisory capacity; but the dean and faculty shall retain control over matters affecting the educational program of the law school.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) involves both students and its Board of Advisors in its development process. Nevertheless, the Dean and Faculty at the DSOL retain control over development and implementation of the academic program at DSOL.104

As to students, the primary role of students at the DSOL is to learn. Nevertheless, the DSOL involves students in a number of its decision-making processes. Specifically, the DSOL frequently surveys the students about a variety of matters both for purposes of informed decision-making by the Dean and Faculty and for programmatic assessment and evaluation.105 The students take no formal role in creation or implementation of the educational program at the DSOL.

As to the Board of Advisors, the Board of Advisors sits purely in an advisory capacity to provide guidance to the Dean. The Board of Advisors takes no formal role in creation or implementation of the educational program at the DSOL.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current level of involvement of both students and the Board of Advisors is effective and appropriate.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

September 17, 2010, and December 17, 2010

104 See Response to Standard 207 for information regarding the mechanisms use to create and implement the educational program at the DSOL. 105 The following surveys are attached hereto as Exhibit 84: Orientation Survey 2009; Career Services Survey 2010; Student Academic Support Survey 2010; Financial Aid Survey 2010; Academic Advisor Survey 2010; Information Resources Survey—Students 2010; Facilities Survey 2010; Information Resources Survey—Faculty 2010; Student Services Survey 2010; and Parking Survey 2009. Page 58 of 281

Standards 209. NON-UNIVERSITY AFFILIATED LAW SCHOOLS If a law school if not part of a university or, although a part, is physically remote from the rest of the university, the law school should seek to provide its students and faculty with the benefits that usually result from a university connection, such as by enlarging its library collection to include materials generally found only in a university library and by developing working relationships with other educational institutions in the community.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) is located in Knoxville, Tennessee, which is approximately fifty (50) miles from Lincoln Memorial University’s (“University”) main campus in Harrogate, Tennessee. The University currently operates eleven (11) extended learning sites, and the University has developed resources and services to support students and faculty at its extended sites. While many administrative/operational and educational support units of the University provide DSOL’s students and faculty with benefits as a result of DSOL’s connection with the University, the following narrative illustrates some examples of support resulting from that connection.

Library and Learning Resources

All DSOL students and faculty have access to the services and resources on the Carnegie- Vincent Library (“CVL”) located on the University’s main campus in addition to the services and resources of the Duncan School of Law Library (“the Library”) located at the DSOL. While the Law Library has learning resources that are adequate to support the program of legal education, DSOL students and faculty have access to all general library collections and services offered through the CVL. Library collections and services available at any of the University’s extended teaching sites and collections and services available through any of the reciprocal library agreements with other academic libraries in the region are also available to DSOL students, faculty, and staff.

In addition to the five law librarians physically located at the DSOL, DSOL students and faculty may receive assistance from any member of the CVL staff. The CVL employs nine (9) full-time, professionally credentialed, librarians: a Library Director; a Reference and Instruction Librarian; a Technical Services Librarian; an Information Literacy Librarian; a Medical Librarian; an Allied Health Librarian; an Extended Sites Librarian; a University Archivist; and an Electronic Resources Librarian. These professional staff members all hold master’s degrees in library and/or information science from American Library Association (“ALA”) accredited institutions. The CVL also employs four (4) full-time paraprofessional-library staff members and two (2) part-time credentialed librarians to support the delivery of library services. Additionally, the CVL utilizes graduate assistants and undergraduate work-study positions to deliver services at the main campus.

CVL provides: students and faculty with access to 104 databases both on-campus and off- campus; tutorials on library resources and search processes; contact information for the library and librarians; access to the Piper Online Catalog; information regarding the delivery of books/journals; and web-based forms to submit requests for resources to be added to the CVL collection or to be borrowed through interlibrary loan. CVL’s website can be accessed at http://library.lmunet.edu/.

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Computers The University’s main campus provides a number of computers for student use. Additionally, the University’s main campus permits students to check-out laptop computers for individual use. At the DSOL, the University has purchased laptop computers which are issued to each DSOL student. The University provides at least ten (10) laptops at DSOL as backups in the event a student or faculty member needs one. For example, if a student’s computer needs repair, a loaner laptop is immediately available.

Additionally, if any equipment, other than that located at DSOL, is needed by DSOL, the University will provide such equipment if available. For example, when waiting for a copy machine to be delivered by a vendor, a spare located at the main campus was delivered for use by DSOL until the vendor was able to deliver the new copier. Furthermore, when an additional monitor was needed for a classroom solution, the University delivered a 50” monitor it had until one was purchased and installed at DSOL.

Information Services Support

Although DSOL has two (2) full-time computer support technicians onsite, there have been a number of times when additional support was needed. For example, when upgrading the wireless solutions throughout the DSOL Building (“the Building”), a number of support technicians from the University were deployed to upgrade the solution. When training new students on the use of their laptops, the University deployed one of the main campus technicians to assist in the training. Additionally, the Chief Information Officer and the Director of Academic Computing Support regularly travel to DSOL for purposes of planning and implementation of Information Services Solutions

Student Support Services Student support services personnel and programs located at the DSOL are supported by the Student Support Services division located on the main campus of the University. A full description of student support services available to all students of the University can be found in the University’s Student Handbook.106 Appropriate student support programs, services, and activities consistent with the mission statements of the University and the DSOL are described in both the University Student Handbook and the DSOL Student Handbook and Catalog.107

The Division of Enrollment Management and Student Services (“EMSS”) supports the recruitment, orientation, retention, financial aid, and counseling services for all students, including those enrolled at the DSOL. While all University students are supported by EMSS, the DSOL has full-time staff members that work with EMSS to deliver essential services for law students. In addition, the division sponsors student activities, recreation, student organizations, security, student discipline, and other non-academic student-life programs open to DSOL students. The following table identifies selected student services available to DSOL students:

106 See Exhibit 85. 107 See Exhibit 86. Page 60 of 281

University Personnel & Responsibilities DSOL Personnel and Responsibilities

1. Student Files for the University and 1. Student Files for the University and DSOL DSOL students are maintained in separate students are maintained in separate offices (Vice offices (Vice President for Enrollment President for Enrollment Management and Management and Student Services and the Student Services and the DSOL Associate Dean DSOL Associate Dean for Assessment, for Assessment, respectively). American's with respectively). Disabilities Act 2. Once the ADA Coordinator makes a 2. Accommodations decisions pursuant to discretionary decision as to whether the ADA are made by the ADA Coordinator. accommodations should exist, the Associate Dean for Assessment executes those accommodations.

The University Office of Career Services The DSOL Office of Career Services (“DSOL (“Career Services”) provides job Career Services”) provides job opportunities for opportunities for all students at Lincoln all students at Lincoln Memorial University. Memorial University. Career Services Career Services DSOL Career Services additionally assists additionally assists students with drafting students with drafting resumes, preparing for resumes, preparing for interviews, and all interviews, and all other aspects of seeking and other aspects of seeking and acquiring acquiring employment. employment.

1. Open communication is maintained 1. Disciplinary hearings are held through the between the University Dean of Students and Disciplinary Committee on Academic Integrity. the Associate Dean for Academics for the Procedures DSOL concerning issues that might affect law students.

The University Executive Director of The DSOL has a Financial Aid Coordinator who Financial Aid is accountable for the works directly with law students. awarding of financial aid for all students. The DSOL Financial Aid Coordinator provides financial management and debt management Financial Aid assistance and workshop to assist law students.

1. The University Registrar coordinates The Associate Dean for Academics schedules registration processes for all LMU students, classes, receives grades, and works closely with including DSOL students. the University Register on the registration of Registrar students. 2. The University Registrar provides transcript information for all students and

maintains academic records for all students.

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1. The Crisis Team is composed of all vice 1. All Security Weekly Activity reports are sent presidents and other personnel. to both the University Dean of Students and the DSOL Dean. Safety and 2. Security is responsible for the entire Security University, including the DSOL campus, and 2. Discussions are conducted between the reports to the University Dean of Students. University Dean of Students and the DSOL Dean concerning Security staffing needs for the DSOL.

1. The LMU Calendar of Activities is 1. The DSOL Calendar of Activities is maintained by the Director of Student maintained by DSOL personnel. Activities and is available to all LMU students, including DSOL students.

2. Cultural events and activities are 2. The DSOL has a Dean of Students who is advertised on the calendar, flyers, e-mails responsible for scheduling and organizing and the University message center. Student student events. Activities 3. Available programs to be shared by all 3. DSOL events are advertised on TWEN. students include, but are not limited to: Disk Golf, Intramurals, Hiking, Weight-room,

Wellness Challenge, Social events, Activities at the pool.

University Academic Support Services

DSOL students are officially registered for classes through the University Registrar’s Office, and all permanent academic records are maintained by that office. DSOL students may access “student information” by using their University WebAdvisor account. Each student is given a University Personal Identification Number (“PIN”) to access his/her: schedules, transcripts, mid- term and final course grades, financial records, and financial aid information. WebAdvisor is a secure portal that requires a user name and password for access.

The Office of Institutional Research and Accreditation supports the planning, institutional effectiveness, outcomes assessment, and accreditation processes of the University and its academic and administrative units, including DSOL. Specifically, the Office supports planning, assessment, and evaluation processes by organizing and analyzing internal and external data, conducting studies, and providing information to facilitate informed decision-making and improvement efforts in academic, administrative, and student support programs and services. The Institutional Research and Accreditation Office coordinates and assists in completion of required state and federal reports, including those required for participation in student financial aid programs (“NCSE-IPEDS” and “THEC”).

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Division of University Advancement The students, faculty, and staff of the DSOL benefit from the fundraising, public relations, and publicity efforts of the University’s Division of University Advancement. DSOL benefits from the fundraising initiatives, capital campaigns, advertisements, and public relations activities conducted specifically to support its students and programs. University Advancement actively seeks to raise funds to support student scholarship and general support for DSOL. The alumni affairs function of the Division of University Advancement will support DSOL’s future alumni activities.

The Board of Trustees Development Committee develops fundraising policy and works in collaboration with the President and other academic representatives to determine the priorities that support the University’s fundraising activities.

The University is a 501(c)(3) organization. It is the University, through its Board of Trustees, that receives gifts. The Gift Acceptance Committee is empowered to receive or reject gifts to the University on behalf of the Board and in accordance with Board approved policies. Gifts are accepted only for purposes consistent with the University’s mission and planning.

Although DSOL is physically remote from the rest of the University, DSOL students and faculty are provided with the benefits that usually result from a university connection.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the University provides adequate and appropriate support for the DSOL program.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

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Standard 210. LAW SCHOOL-UNIVERSITY RELATIONSHIP (a) If a law school is part of a university, that relationship shall serve to enhance the law school’s program. (b) If a university’s general policies do not adequately facilitate the recruitment and retention of competent law faculty, appropriate separate policies should be established for the law school. (c) The resources generated by a law school that is part of a university should be made available to the law school to maintain and enhance its program of legal education. (d) A law school shall be given the opportunity to present its recommendations on budgetary matters to the university administration before the budget for the law school is submitted to the governing board for adoption.

(a) If a law school is part of a university, that relationship shall serve to enhance the law school’s program.

Statement of Condition at Initial Review:

The University serves to enhance the law program at the Duncan School of Law (“DSOL”) by, among other things, providing: financial aid services, registration services, recreational services, additional research resources, technology services, counseling services for students with disabilities, and access to medical services. A full description of student support services available to University students—including DSOL students—can be found in the University Student Handbook.108

In addition to the above, all DSOL students have access to LMU-sponsored activities and programs by using their DSOL Student IDs. Those activities and programs include but are not limited to:

Reed Medical Library and Carnegie-Vincent libraries The Mary E. Mars Gymnasium and pool Athletic events Cultural events Participation in intramural sports The Lincoln Library and Museum Counseling services Weight room Computer facilities LMU-DCOM Outpatient Services

Further information regarding this Standard can be found in response to Standard 209.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the University provides adequate and appropriate support for the DSOL program.

108 See Exhibit 85. Page 64 of 281

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

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(b) If a university’s general policies do not adequately facilitate the recruitment and retention of competent law faculty, appropriate separate policies should be established for the law school.

Statement of Condition at Initial Review:

The Lincoln Memorial University’s (“the University’s”) general policies serve to attract and maintain competent faculty. Nevertheless, the DSOL Faculty believes tenure is important and believes the University should adopt a tenure policy for the DSOL. Information regarding current faculty members at the DSOL can be found in the response to Standard 401.

Assessment by the Administration and Faculty:

The Faculty believes the University policy should be altered to provide tenure for the Dean and the opportunity for tenure for the Faculty.

Plan for Remediation:

The Dean shall develop and propose a Tenure Policy to the Board of Trustees, the President, and the Vice President for Academic Affairs. (Approved: February 9, 2010)

Evaluation of Progress:

The Dean shall propose a policy for the development of a Tenure Policy no later than October 1, 2010. (Approved: February 9, 2010)

Further Evaluation of Progress:

As of August 9, 2010, the Dean had developed a proposed Tenure Policy and forwarded the proposal to the President, and the Vice President for Academic Affairs, and the Executive Committee of the Board of Trustees.109 The Dean reports that he anticipates a vote on the proposal on or before December 15, 2010. (Approved: September 17, 2010)

Further Evaluation of Progress:

On November 16, 2010, the Board of Trustees voted to adopt the tenure policy for the DSOL.110 Both the Dean and the Associate Dean and Director of the Law Library intend to apply for tenure on or before the May 2011. (Approved: December 17, 2010)

109 A copy of the proposal is attached hereto as Exhibit 82. 110 See Exhibit 83. Page 66 of 281

(c) The resources generated by a law school that is part of a university should be made available to the law school to maintain and enhance its program of legal education.

Statement of Condition at Initial Review:

Lincoln Memorial University (“University”) has taken steps to ensure that the Duncan School of Law (“DSOL”) has ongoing adequate financial resources to continuously enhance its program of legal education. The DSOL was initiated with financial support from the University and continues to receive significant financial support while it continues to develop. The initial budget pro forma was developed to ensure full and appropriate funding during the DSOL’s implementation and has been reviewed by visiting evaluation teams from both the Tennessee Board of Law Examiners (“TBLE”) and the Southern Association of Colleges and Schools– Commission on Colleges (“SACS-COC”).

The DSOL and University budget planning processes are informed by the results of a comprehensive annual assessment of the effectiveness of the education program. The annual budget for DSOL is preceded by sound educational planning which incorporates consideration of potential improvements in the educational program, including the introduction of new initiatives. To ensure DSOL has adequate resources to maintain the existing program and infrastructure, as well as allow for continued enhancements, the University will provide financial funding in addition to that which is needed to run the basic functions on an annual basis. As part of the University’s annual Strategic Planning Process, DSOL creates a separate, specific Strategic Plan to identify the enhancements to be funded. These proposed enhancements are refined, as necessary, and approved as part of the budgeting process.

To the extent that the budgeted revenue for DSOL can support the enhancements identified in the DSOL Strategic Plan, the financial funding will be included in the DSOL budget. If the cost requires more than one (1) fiscal year to fund and exceeds what the University is able to contribute in a single fiscal year, a reserve account will be established to allow for the funding to aggregate to the appropriate balance. This reserve account will be funded up to the excess of actual revenue over expenses for DSOL, or alternately up to five percent (5%) of the annual incremental cash flow for the University, as evidenced by the annual audit, whichever is less. This account will be designated for use by DSOL and any unused funds will carryover from year-to-year.

In the event that DSOL’s financial performance is lower than budgeted levels, the enhancements will be removed to the extent necessary to fund the operating expense overruns for the DSOL. If the University finds it necessary to use resources generated by the DSOL to support non-DSOL activities, the University will provide the DSOL with a full explanation of the reasons for the actions. While the University does not currently project a situation where it would not be able to fully fund proposed improvements for DSOL that are indicated by planning or assessment documentation, it realizes that the possibility exists at any law school. During future University budget planning and approval processes, projections of DSOL’s tuition and fees, potential restricted endowments to support the DSOL, and income from grants and contracts associated with the DSOL will be considered in funding decisions. The University has clear policies related to the use of restricted gifts, including those related to DSOL. As evidenced in DSOL budgets and the DSOL budget pro forma, the DSOL has benefited from the prior allocation of University

Page 67 of 281 resources, and a pattern of adequate funding has been established that indicated the University’s commitment to ensuring a sound program of legal education at the DSOL.

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current mechanism for use of funds generated by the Duncan School of Law is appropriate.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote:

December 17, 2010

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(d) A law school shall be given the opportunity to present its recommendations on budgetary matters to the university administration before the budget for the law school is submitted to the governing board for adoption.

Statement of Condition at Initial Review:

The Lincoln Memorial University (“University”) budget starts with the creation of budgets for each department—the Duncan School of Law (“DSOL”) is a separate division of the University. At the DSOL, the Dean of the DSOL requires each of the department heads and committee chairs to prepare a proposed budget for his/her department, or committee. Thereafter, the Dean of the DSOL meets with the individual or individuals who prepared the budget and approves the proposed budget as written, approves the proposed budget with alterations, or rejects the proposed budget and requires preparation of a new proposed budget.

Once the Dean of the DSOL has approved budgets for all departments, the Dean of the DSOL then combines those proposed budgets with his own budget to create the proposed budget for the DSOL (“the Proposed Budget”).

Once the Proposed Budget is complete, the Dean of the DSOL presents the proposed budget to the Vice President for Finance. The Vice President for Finance then reviews the Proposed Budget, in combination with the Dean of the DSOL. Once the Vice President for Finance has reviewed the Proposed Budget, the Vice President for Finance will accept the Proposed Budget, accept the Proposed Budget with alterations, or recommend rejection of the Proposed Budget. If the Vice President for Finance accepts the Proposed Budget, then the Vice President for Finance will combine the Proposed Budget with the remaining division/department budgets of the University and create the University Budget. The Vice President for Finance then presents the University Budget to the President for approval. If the Vice President for Finance recommends rejection of the Proposed Budget, then the Vice President for Finance and the Dean of the DSOL will present the Proposed Budget to the President, along with their recommendations. The President will then either accept or reject the Proposed Budget. Once the Proposed Budget is accepted, the Proposed Budget is added to the University Budget and presented to the President. Once the President has approved the University Budget, the President and the Vice President for Finance present the University Budget to the Board of Trustees.

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current mechanism for preparation and approval of the Proposed Budget is sufficient to comply with the Standards.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote:

December 17, 2010

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Standard 211. NON-DISCRIMINATION AND EQUALITY OF OPPORTUNITY (a) A law school shall foster and maintain equality of opportunity in legal education, including employment of faculty and staff, without discrimination or segregation on the basis of race, color, religion, national origin, gender, sexual orientation, age or disability. (b) A law school shall not use admission policies or take other action to preclude admission of applicants or retention of students on the basis of race, color, religion, national origin, gender, sexual orientation, age or disability. (c) This Standard does not prevent a law school from having a religious affiliation or purpose and adopting and applying policies of admission of students and employment of faculty and staff that directly relate to this affiliation or purpose so long as (i) notice of these policies has been given to applicants, students, faculty, and staff before their affiliation with the law school, and (ii) the religious affiliation, purpose, or policies do not contravene any other Standard, including Standard 405(b) concerning academic freedom. These policies may provide a preference for persons adhering to the religious affiliation or purpose of the law school, but shall not be applied to use admission policies or take other action to preclude admission of applicants or retention of students on the basis of race, color, religion, national origin, gender, sexual orientation, age or disability. This Standard permits religious affiliation or purpose policies as to admission, retention, and employment only to the extent that these policies are protected by the United States Constitution. It is administered as though the First Amendment of the United States Constitution governs its application. (d) Non-discrimination and equality of opportunity in legal education includes equal opportunity to obtain employment. A law school shall communicate to every 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 principles of non- discrimination and equality of opportunity on the basis of race, color, religion, national origin, gender, sexual orientation, age and disability in regard to hiring, promotion, retention and conditions of employment.

(a) A law school shall foster and maintain equality of opportunity in legal education, including employment of faculty and staff, without discrimination or segregation on the basis of race, color, religion, national origin, gender, sexual orientation, age or disability.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) does not make any admission or employment decision based upon race, color, religion, national origin, gender, sexual orientation, age, or disability. Rather, decisions premised upon any of these factors are prohibited by both DSOL and Lincoln Memorial University (“the University’s”) policies.111 In that vein, the DSOL does not seek information from any applicant, whether for employment or admission, regarding the applicant’s religion or sexual orientation.

Assessment by the Administration and Faculty:

The Administration and Faculty believe DSOL sufficiently protects employment applicants from discrimination based on race, color, religion, national origin, gender, sexual orientation, age, or disability.

Plan for Remediation:

Not applicable

111 See Exhibit 85, Section II; see also Exhibit 86, Section IV. Page 70 of 281

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, September 17, 2010, and December 17, 2010

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(b) A law school shall not use admission policies or take other action to preclude admission of applicants or retention of students on the basis of race, color, religion, national origin, gender, sexual orientation, age or disability.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) does not make any admission or retention decision based upon race, color, religion, national origin, gender, sexual orientation, age, or disability. Rather, decisions premised upon any of these factors are prohibited by both DSOL and University policies.112 Nevertheless, the Mission of the University is to serve the traditionally underserved populations.113 Accordingly, the Faculty has a policy of taking a “hard look” at any applicant for admission who serves the Lincoln Memorial University’s goal, including minority students.114

Assessment by the Administration and Faculty:

The Administration and Faculty believe the DSOL sufficiently protects applicants for admission from discrimination based on race, color, religion, national origin, gender, sexual orientation, age, or disability.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, September 17, 2010, and December 17, 2010

112 See Exhibit 85, Section II; see also Exhibit 86, Section IV. 113 See Exhibit 87. 114 See Exhibit 73. Page 72 of 281

(c) This Standard does not prevent a law school from having a religious affiliation or purpose and adopting and applying policies of admission of students and employment of faculty and staff that directly relate to this affiliation or purpose so long as (i) notice of these policies has been given to applicants, students, faculty, and staff before their affiliation with the law school, and (ii) the religious affiliation, purpose, or policies do not contravene any other Standard, including Standard 405(b) concerning academic freedom. These policies may provide a preference for persons adhering to the religious affiliation or purpose of the law school, but shall not be applied to use admission policies or take other action to preclude admission of applicants or retention of students on the basis of race, color, religion, national origin, gender, sexual orientation, age or disability. This Standard permits religious affiliation or purpose policies as to admission, retention, and employment only to the extent that these policies are protected by the United States Constitution. It is administered as though the First Amendment of the United States Constitution governs its application.

Statement of Condition at Initial Review:

Lincoln Memorial University (“University”) is a private, independent, not-for-profit institution and does not have any formal religious affiliation. The University does have a religious component to its Mission. Specifically, the University Mission provides: “The University strives to give students a foundation for a more productive life by upholding the principles of Abraham Lincoln’s life: a dedication to individual liberty, responsibility, and improvement; a respect for citizenship; recognition of the intrinsic value of high moral and ethical standards; and a belief in a personal God.” This statement is provided on the University’s Website115 and in all of its student handbooks. Notwithstanding this purpose, neither the University nor the Duncan School of Law (“DSOL”) provide preference, or any other consideration, to any applicant for employment or admission on the basis of religious affiliation or belief.116 Finally, both the University and the DSOL have firm commitments to academic freedom that do not provide exceptions for views consistent or inconsistent with affiliation with any faith.117

Assessment by the Administration and Faculty:

The Administration and Faculty believe the DSOL sufficiently protects applicants for admission and applicants for employment from religious discrimination.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, September 17, 2010, and December 17, 2010

115 See Exhibit 88. 116 See Exhibit 85, Section II; see also Exhibit 86, Section IV. 117 See Exhibit 85, Section II; see also Exhibit 79, Section III.N. Page 73 of 281

(d) Non-discrimination and equality of opportunity in legal education includes equal opportunity to obtain employment. A law school shall communicate to every 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 principles of non- discrimination and equality of opportunity on the basis of race, color, religion, national origin, gender, sexual orientation, age and disability in regard to hiring, promotion, retention and conditions of employment.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires any employer to whom it furnishes assistance or resources to sign a form indicating the employer does not discriminate or premise any employment decision on the basis of race, color, religion, national origin, gender, sexual orientation, age, or disability.118

Assessment by the Administration and Faculty:

The Administration and Faculty believe the DSOL sufficiently protects its students from discrimination by employers who use its facilities or resources.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, September 17, 2010, and December 17, 2010

118 See Exhibit 89. Page 74 of 281

Standard 212. EQUAL OPPORTUNITY AND DIVERSITY (a) Consistent with sound legal education policy and the Standards, a law school shall demonstrate by concrete action a commitment to providing full opportunities for the study of law and entry into the profession by members of underrepresented groups, particularly racial and ethnic minorities, and a commitment to having a student body that is diverse with respect to gender, race, and ethnicity. (b) Consistent with sound educational policy and the Standards, a law school shall demonstrate by concrete action a commitment to having a faculty and staff that are diverse with respect to gender, race and ethnicity.

(a) Consistent with sound legal education policy and the Standards, a law school shall demonstrate by concrete action a commitment to providing full opportunities for the study of law and entry into the profession by members of underrepresented groups, particularly racial and ethnic minorities, and a commitment to having a student body that is diverse with respect to gender, race, and ethnicity.

Statement of Condition at Initial Review:

The Mission of the Lincoln Memorial University (“University”) and the Duncan School of Law (“DSOL”) is to serve the underserved and underrepresented populations within the southern Appalachian region.119 This population may include—but is not limited to—such characteristics as race and ethnicity, sexual orientation, physical disabilities, and socioeconomic status.

To achieve a diverse student body, the DSOL engages in vigorous, aggressive, innovative, and long-term recruiting efforts. Specifically, the DSOL:

Participates in recruiting events at Historically Black Colleges and Universities (including two-year institutions), Hispanic Association of Colleges and Universities (“HACU”), and other venues and events within and without our mission region; Develops recruitment and marketing materials and publications that reflect diversity;120 Supports minority student organizations; Encourages currently-enrolled students to assist at recruiting events; Continually examines our admissions criteria to see if current admissions standards are helping to achieve desired goals; and Considers non-cognitive variables when making admissions decisions. Variables that may be considered by the Admissions Committee are the prospective student’s exposure to the legal profession, participation in volunteer experiences, personal background and/or hardships, and minority status.

119 See Exhibits 87 and 90. 120 See Exhibit 91. Page 75 of 281

Furthermore, the DSOL focuses its minority recruitment efforts on the following institutions and plans to visit each of them at least once every three (3) years:

2-YEAR HBCUS Bishop State (Public-Alabama) Clinton Junior College (Private-South Carolina) Coahoma Community College (Public-Mississippi) Denmark Technical College (Public-South Carolina) Gadsden State Community College (Public-Alabama) Hinds Community College (Public-Mississippi) J. F. Drake State Technical College (Public-Alabama) Lawson State Community College (Public-Alabama) Shelton State Community College (Public-Alabama) Trenholm State Technical College (Public-Alabama)

4-YEAR HBCUS Alabama

Alabama A&M University Alabama State University Concordia College of Selma Miles College Oakwood University Stillman College Talladega College Tuskegee University

Georgia

Clark Atlanta University Fort Valley State University Morehouse College Paine College Savannah State University Spelman College

Kentucky

Kentucky State University

Mississippi

Alcorn State University Jackson State University Mississippi Valley State University Rust College Tougaloo College

North Carolina

Bennett College for Women Elizabeth City State University Fayetteville State University Johnson C. Smith University Livingstone College North Carolina Central University N.C. Agr. and Tech. St. University Saint Augustine's College Shaw University Winston Salem State University

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South Carolina

Allen University Benedict College Claflin University Morris College South Carolina State University Voorhees College

Tennessee

Fisk University Lane College LeMoyne-Owen College Tennessee State University

Virginia

Hampton University Norfolk State University Saint Paul's College Virginia State University Virginia Union University Virginia University of Lynchburg

West Virginia

Bluefield State College West Virginia State University

Over the course of the past two years, DSOL has visited the following HBCUs:

Clark Atlanta University (Atlanta, Georgia) Spelman College (Atlanta, Georgia) Saint Augustine's College (North Carolina) Shaw University (Raleigh, North Carolina)

Additionally, the DSOL has developed relationships with pre-law advisors at the following institutions:

Karen Taylor (Alabama State University) Jim Stoud (Bishop State CC) Angela Sullivan (Concordia College) Robert DeJanes (Clark Atlanta University) Jennifer Adebanjo (Fisk University) Anthony Nimley (Fisk University) George Terrell (Gadsden State CC) Julie Chang Andrist (Howard University) Bede Anyanwu (Lane College) Mishra Digambar (Miles College) Michael Hodge (Morehouse College) Roger Cusick (Morehouse College) Ciro Sepulveda (Oakwood University) Denise Vaughn (Shaw University) Elaine H. Yarborough (Shaw University) Kevin Burns (Shelton State CC) Erica Knight (Spelman College) Juanda Rayner (Spelman College) Nichole Lewis (St. Augustine’s College) Juan Flores (St. Augustine’s College) Angela Law (St. Augustine’s College) Linda Beito (Stillman College) Joe Jimmeh (Tuskegee University)

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These efforts have garnered the following results:

ENROLLMENT 2009-2010

Total Applications Total Applications Total Full-Time Total Part-Time Part-Time Full-Time Minority Applications Minority Applications 243 N/A N/A 39

Total Applications by Total Applications by Total Applications by Total Applications by Men for the Part-time Women for the Part- Men for the Full-Time Women for the Full- Program Time Program Program Time Program 135 108 N/A N/A

Total Applicants Total Applicants Total Applicants Total Applicants Admitted (Part-Time) Admitted (Full-Time) Matriculated (Part- Matriculated (Full- Time) Time) 125 N/A 81 N/A

Total Minority Total Minority Total Minority Total Minority Applicants Admitted Applicants Admitted Applicants Applicants (Part-Time) (Full-Time) Matriculated (Part- Matriculated (Full- Time) Time) 14 N/A 8 N/A

Total Male Applicants Total Male Applicants Total Male Applicants Total Male Applicants Admitted (Part-Time) Admitted (Full-Time) Matriculated (Part- Matriculated (Full- Time) Time) 69 N/A 45 N/A

Total Female Total Female Total Female Total Female Applicants Admitted Applicants Admitted Applicants Applicants (Part-Time) (Full-Time) Matriculated (Part- Matriculated (Full- Time) Time) 56 N/A 36 N/A

Median LSAT Score for all Students Median GPA for all Students 149 3.05

Median LSAT Score for Minority Students Median GPA for all Minority Students 145 2.57

Median LSAT Score for Male Students Median GPA for Male Students 150 3.00

Median LSAT Score for Female Students Median GPA for Female Students 148 3.19

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Total Number of Applicants from the Total Number of Offers sent to Applicants from the Appalachian Region121 Appalachian Region 243 125

Total Number of Matriculants from the Appalachian Region 81

Minorities Represented in the 2009–2010 Class:

African-American Middle Eastern Asian Hispanic 6 0 0 2

ENROLLMENT 2010-2011

Total Applications Total Applications Total Full-Time Total Part-Time Part-Time Full-Time Minority Applications Minority Applications 78 161 23 9

Total Applications by Total Applications by Total Applications by Total Applications by Men for the Part- Women for the Part- Men for the Full-Time Women for the Full- time Program Time Program Program Time Program 40 38 89 72

Total Applicants Total Applicants Total Applicants Total Applicants Admitted (Part- Admitted (Full-Time) Matriculated (Part- Matriculated (Full- Time) Time) Time) 58 111 36 55

Total Minority Total Minority Total Minority Total Minority Applicants Admitted Applicants Admitted Applicants Matriculated Applicants (Part-Time) (Full-Time) (Part-Time) Matriculated (Full- Time) 7 12 4 4

Total Male Total Male Applicants Total Male Applicants Total Male Applicants Applicants Admitted Admitted (Full-Time) Matriculated (Part- Matriculated (Full- (Part-Time) Time) Time) 31 58 19 26

121 The Appalachian Region is defined as Tennessee, Kentucky, Virginia, North Carolina, South Carolina, Georgia, Alabama, and Mississippi. Page 79 of 281

Median LSAT Score for all Students Median GPA for all Students 147 2.98

Median LSAT Score for Minority Students Median GPA for all Minority Students 144 3.12

Median LSAT Score for Male Students Median GPA for Male Students 148 2.84

Median LSAT Score for Female Students Median GPA for Female Students 146 3.19

Total Number of Applicants from the Total Number of Offers sent to Applicants from the Appalachian Region Appalachian Region 199 147

Total Number of Matriculants from the Appalachian Region 85

Minorities Represented in the 2010–2011 Class:

African- Middle Eastern Asian Hispanic Native American American 4 N/A 1 1 2

Assessment by the Administration and Faculty:

The Administration and Faculty believe the DSOL’s current admission numbers are adequate. Nevertheless, the Administration and Faculty believe the admissions statistics need improvement in two areas—quality of matriculants and admission of minority students. As to the first, the Administration and Faculty are concerned that the 2010–2011 data indicates the median admission scores for the academic program declined from the 2009–2010 academic year compared to the 2010–2011 academic year in contravention of the proposed movement toward higher medians discussed during the February 2010 mini-retreats. As to the second, the Faculty is concerned that minority students only comprise approximately 10.75% of the total student body. The Faculty is also concerned that the percentage of minority students has declined from the 2009–2010 academic year to the 2010–2011 academic year.

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Plan for Remediation:

The Faculty believes it needs to take a greater role in the recruitment activities at the DSOL. Specifically, the Faculty intends to do the following: create a pilot pipeline program with local high schools, with a specific emphasis on minority high schools; send faculty to recruitment conferences, with an emphasis on minority recruitment conferences; and more regularly attend open houses.

Furthermore, the Administration believes its recruitment efforts need to be more proactive. Specifically, the Administration has committed to hiring existing students to call every regionally local, prospective student who has recently taken the LSAT and scored between a 148 and a 160, inclusive, to improve its recruitment numbers. (Date of Vote: September 17, 2010)

Evaluation of Progress:

As to the Pipeline Program, Professor Cheryl George is charged with creating a plan for a Faculty Pipeline Program. Professor Cheryl George shall present the plan to the Faculty at the February Strategic Planning Retreat (2011).

As to sending Faculty to recruitment conferences, the Faculty shall create a schedule of attendance of Faculty members at recruitment conferences. This schedule shall be prepared by the Faculty Recruitment Chair and presented to the Faculty during the February Strategic Planning Retreat.

As to Faculty attendance at open houses, the Faculty shall begin attending open houses effective immediately. (Date of Vote: October 1, 2010)

Evaluation of Further Progress:

As to the proposed Pipeline Program, no assessment can yet take place, as the proposal has not yet been generated. As to the recruitment conferences, no assessment can yet take place, as the proposal has not yet been generated. As to the open houses, faculty members have been attending open houses. However, to date, there is no method of determining which, if any, faculty members are consistently absent from the open houses. Thus, the Faculty recommends taking attendance at the open houses to encourage uniform attendance. (Date of Recommendation: September 27, 2010)

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(b) Consistent with sound educational policy and the Standards, a law school shall demonstrate by concrete action a commitment to having a faculty and staff that are diverse with respect to gender, race and ethnicity.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) is committed to diversity in its faculty and staff. Specifically, the DSOL affirmatively seeks applications from faculty and staff applicants who diversify its campus. Those efforts have garnered the following results:

FULL-TIME FACULTY RECRUITMENT 2008–2009 (RECRUITMENT FOR 2009-2010 HIRING CLASS)

Total Initial Total Call-Back Total Offers Extended Total Completed Hires Interviews Interviews 33 7 4 5*

Total Initial Total Call-Back Total Offers Extended Total Minority Hires Interviews with Interviews with to Minority Candidates Minority Candidates Minority Candidates 12122 3 2 1

Total Initial Total Call-Back Total Offers Extended Total Male Hires Interviews for Male Interviews for Male to Male Candidates Candidates Candidates 14 5 3 4

Total Initial Total Call-Back Total Offers Extended Total Female Hires Interviews for Interviews for Female to Female Candidates Female Candidates Candidates 19 2 1 1

Minorities Represented in the DSOL Faculty 2008–2009 Hiring Cycle:

African-Americans Middle Eastern Asian Hispanic 1 0 0 0

* Dean Beckman was hired August 2008. Dean Russell was hired as a consultant in August 2008, consulted one week a month through February 2009 and started full-time on March 1, 2009.

122 This number includes eight (8) African-Americans, two (2) people of Asian descent, and two (2) people of Hispanic descent. Page 82 of 281

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FULL-TIME FACULTY RECRUITMENT 2009–2010 (RECRUITMENT FOR 2010-2011 HIRING CLASS)

Total Initial Total Call-Back Total Offers Extended Total Completed Hires Interviews Interviews 41 11 6 5

Total Initial Total Call-Back Total Offers Extended Total Minority Hires Interviews with Interviews with to Minority Candidates Minority Candidates Minority Candidates 11123 4 2 1

Total Initial Total Call-Back Total Offers Extended Total Male Hires Interviews for Male Interviews for Male to Male Candidates Candidates Candidates 11 3 2 1

Total Initial Total Call-Back Total Offers Extended Total Female Hires Interviews for Interviews for Female to Female Candidates Female Candidates Candidates 31 8 4 4

Minorities Represented in the DSOL Faculty 2009–2010 Hiring Cycle:

African-Americans Middle Eastern Asian Hispanic 1 0 0 0

123 This number includes five (5) African-Americans, two (2) persons of Indian descent, one (1) person of Asian descent, and three (3) people of Hispanic descent. Page 84 of 281

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FULL-TIME FACULTY RECRUITMENT 2010-2011 (RECRUITMENT FOR 2011-2012 HIRING CLASS)

Total Initial Total Call-Back Total Offers Extended Total Completed Hires Interviews Interviews 37 15* 7** ****

Total Initial Total Call-Back Total Offers Extended Total Minority Hires Interviews with Interviews with to Minority Candidates Minority Candidates Minority Candidates 19 7 4 TBD

Total Initial Total Call-Back Total Offers Extended Total Male Hires Interviews for Male Interviews for Male to Male Candidates Candidates Candidates 26 9 5 TBD

Total Initial Total Call-Back Total Offers Extended Total Female Hires Interviews for Interviews for Female to Female Candidates Female Candidates Candidates 11 6 2 TBD

Minorities Represented in the DSOL Faculty 2010–2011 Hiring Cycle:

African-Americans Middle Eastern Asian Hispanic 7*** 2 3 7

* Two (2) candidates are coming in January. ** Expected to be additional offers. *** Includes one African Canadian. **** The DSOL is making offers. Two (2) offers have been accepted by one minority male candidate and one (1) additional male candidate. Before a completed hire is made the candidates must submit official transcripts.

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ADJUNCT FACULTY RECRUITMENT 2008–2009 (RECRUITMENT FOR 2009-2010 CLASS)

Total Initial Total Call-Back Total Offers Extended Total Completed Hires Interviews Interviews 0 0 0 0

Total Initial Total Call-Back Total Offers Extended Total Minority Hires Interviews with Interviews with to Minority Candidates Minority Candidates Minority Candidates 0 0 0 0

Total Initial Total Call-Back Total Offers Extended Total Male Hires Interviews for Male Interviews for Male to Male Candidates Candidates Candidates 0 0 0 0

Total Initial Total Call-Back Total Offers Extended Total Female Hires Interviews for Interviews for Female to Female Candidates Female Candidates Candidates 0 0 0 0

Minorities Represented in the DSOL Faculty 2008–2009 Hiring Cycle:

African-Americans Middle Eastern Asian Hispanic 0 0 0 0

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ADJUNCT FACULTY RECRUITMENT 2009-2010 (RECRUITMENT FOR 2010-2011 CLASS)

Total Initial Total Call-Back Total Offers Extended Total Completed Hires Interviews Interviews 21 12 8 8

Total Initial Total Call-Back Total Offers Extended Total MinorityHires Interviews with Interviews with to Minority Candidates Minority Candidates Minority Candidates 1 1 1 1

Total Initial Total Call-Back Total Offers Extended Total Male Hires Interviews for Male Interviews for Male to Male Candidates Candidates Candidates 14 8 5 5

Total Initial Total Call-Back Total Offers Extended Total Female Hires Interviews for Interviews for Female to Female Candidates Female Candidates Candidates 7 5 5 3

Minorities Represented in the DSOL Faculty 2009–2010 Hiring Cycle:

African-Americans Middle Eastern Asian Hispanic 1 0 0 0

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STAFF RECRUITMENT 2008–2009

Total Initial Total Call-Back Total Offers Extended Total Completed Hires Interviews Interviews 5 N/A 2 2

Total Initial Total Call-Back Total Offers Extended Total Minority Hires Interviews with Interviews with to Minority Candidates Minority Candidates Minority Candidates 0 N/A 0 0

Total Initial Total Call-Back Total Offers Extended Total Male Hires Interviews for Male Interviews for Male to Male Candidates Candidates Candidates 4 N/A 1 1

Total Initial Total Call-Back Total Offers Extended Total Female Hires Interviews for Interviews for Female to Female Candidates Female Candidates Candidates 4 N/A 1 1

Minorities Represented in the DSOL Staff 2008-2009 Hiring Cycle:

African-Americans Middle Eastern Asian Hispanic 0 0 0 0

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STAFF RECRUITMENT 2009–2010

Total Initial Total Call-Back Total Offers Extended Total Completed Hires Interviews Interviews 22 N/A 5 4

Total Initial Total Call-Back Total Offers Extended Total Minority Hires Interviews with Interviews with to Minority Candidates Minority Candidates Minority Candidates 2 N/A 0 0

Total Initial Total Call-Back Total Offers Extended Total Male Hires Interviews for Male Interviews for Male to Male Candidates Candidates Candidates 5 N/A 1 1

Total Initial Total Call-Back Total Offers Extended Total Female Hires Interviews for Interviews for Female to Female Candidates Female Candidates Candidates 17 N/A 4 3

Minorities Represented in the DSOL Staff 2009–2010 Hiring Cycle:

African-Americans Middle Eastern Asian Hispanic 0 0 0 0

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STAFF RECRUITMENT 2010–2011

Total Initial Total Call-Back Total Offers Extended Total Completed Hires Interviews Interviews 27 N/A 8 5

Total Initial Total Call-Back Total Offers Extended Total Minority Hires Interviews with Interviews with to Minority Candidates Minority Candidates Minority Candidates 3 N/A 1 1

Total Initial Total Call-Back Total Offers Extended Total Male Hires Interviews for Male Interviews for Male to Male Candidates Candidates Candidates 5 N/A 2 2

Total Initial Total Call-Back Total Offers Extended Total Female Hires Interviews for Interviews for Female to Female Candidates Female Candidates Candidates 22 N/A 6 3

Minorities Represented in the DSOL Staff 2010–2011 Hiring Cycle:

African-Americans Middle Eastern Asian Hispanic 3 0 0 0

Assessment by the Administration and Faculty:

The Administration and Faculty believe the DSOL has made great strides to increase the diversity of its Faculty. Nevertheless, the Faculty believes diversity of its faculty is important and believes it can improve its percentages.

Plan for Remediation:

The DSOL Administration and Faculty have implemented two (2) different plans for remediation. First, the Faculty has charged the Recruitment Committee with taking a “hard look” at minority candidates who either apply directing to the DSOL or apply through the American Association of Law Schools (“AALS”) Recruitment Process. Additionally, each member of the Faculty has been charged with identifying acquaintances at other institutions who may be interested in applying as a faculty member at the DSOL.

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Second, although the DSOL Faculty currently has a Diversity Committee, the Faculty believes the Diversity Committee could take a more active role in assisting the Recruitment Committee. Specifically, the Diversity Committee has been charged with identifying minority legal associations in the Knoxville area and generating synergies with those groups. The Faculty now additionally charges the Diversity Committee with identifying members of those groups who may be interested in entering academia. The Faculty has a particular interest in exploring symbiotic relationships with the Cherokee Indian Nation, given its geographical proximity to the DSOL and the ability of the DSOL to expand its elective course offerings with courses in Tribal Law. (Date of Vote: September 17, 2010, October 1, 2010, and December 17, 2010)

Evaluation of Progress:

As to the first plan for remediation, the Faculty is awaiting the results of the 2010-2011 hiring cycle, and thus, the Faculty will assess the progress in that regard at the February 2011 Strategic Planning Retreat. As to the second plan for remediation, the progress has been limited. The Diversity Chair has reported that she has attempted to create a relationship with the Cherokee Indian Nation by taking advantage of an existing relationship the University possesses. That particular line of communication, however, has been ineffective. Thus, the Faculty has charged the Diversity Chair with creating her own line of communication with the Cherokee Indian Nation. In addition, the Diversity Chair has reported that she has not as of yet created liaison relationships with local minority law associations. (Date of Vote: September 17, 2010)

Further Evaluation of Progress:

No changes.

Date of Vote(s):

October 1, 2010, and December 17, 2010

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Standard 213. REASONABLE ACCOMMODATION FOR QUALIFIED INDIVIDUALS WITH DISABILITIES Assuring equality of opportunity for qualified individuals with disabilities, as required by Standard 211, may require a law school to provide such students, faculty and staff with reasonable accommodations.

Statement of Condition at Initial Review:

Both Lincoln Memorial University (“University”) and the Duncan School of Law (“DSOL”) prohibit discrimination on the basis of disability.124 That prohibition extends to admissions decisions, hiring decisions, and any other decision that relates directly or indirectly to a student or applicant.125 Furthermore, for those students who possess qualified disabilities, the DSOL provides reasonable accommodations pursuant to its disability plan. Specifically, any student who believes he/she qualifies for an accommodation is required to provide documentation to the University’s ADA Coordinator, a certified counselor.126 Once the ADA Coordinator receives sufficient documentation to support the existence or non-existence of a disability, the ADA Coordinator makes an individual, discretionary decision about what type(s) of accommodations, if any, to extend. At the DSOL, those accommodations, if granted by the ADA Coordinator, are then executed by DSOL’s Associate Dean for Assessment. Currently, ten (10) students are receiving accommodations for the fall 2010 term.127

As to faculty and staff, both the University and the DSOL prohibit discrimination on the basis of disability.128 That prohibition extends to hiring decisions, promotional decisions, and any other decision that relates directly or indirectly to a member of the faculty or staff.129 Furthermore, for those members of the faculty or staff who possess qualified disabilities, the DSOL provides reasonable accommodations pursuant to its disability plan. Specifically, any member of the faculty or staff who believes he/she qualifies for an accommodation is required to provide documentation to the University’s Office of Human Resources.130 Once the Office of Human Resources receives sufficient documentation to support the existence or non-existence of a disability, the Office of Human Resources makes a discretionary decision about what type(s) of accommodations, if any, to extend.131 At DSOL, those accommodations, if granted by the Office of Human Resources, are then executed by the Dean of the Law School.

Regardless of the individual receiving the accommodation, both the University and DSOL strictly maintain the confidentiality of documents supporting ADA disabilities. For instance, documentation for students is kept by both the University’s ADA Coordinator and the DSOL’s Associate Dean for Assessment. In terms of documents maintained by the ADA Coordinator,

124 See Exhibits 85, Section I and 86, Section IV. 125 See Exhibit 77, Section II and 86, Section IV. 126 A copy of the position profile is attached hereto as Exhibit 70. A copy of the ADA Coordinator’s resume is attached hereto as Exhibit 71. 127 Anonymous information regarding specific student accommodations will be available to the Site Team through the office of DSOL’s Associate Dean for Assessment. 128 See Exhibits 85, Section I and 86, Section IV. 129 See Exhibit 85, Section I and 79, Section III.N. 130 See Exhibit 77, Section II. 131 See Exhibit 77, Section II. Page 95 of 281 only the ADA Coordinator has access to those records.132 In terms of documents maintained by the DSOL, only the Dean and Associate Dean for Assessment have access to those records.133 Furthermore, in terms of Faculty and Staff, only Libby King, the Human Resources Director, has access to documentation supporting disabilities for members of the DSOL faculty and staff.134

The University and the DSOL take complaints associated with disability status seriously and have a comprehensive process for administering them. For students, complaints associated with a qualified disability are initiated with the University ADA Coordinator.135 Assuming the issue is not resolved through the students’ interaction with the ADA Coordinator, the student may address the matter before the University’s Grievance Committee.136 The decision of the University’s Grievance Committee, once made, is final.137

As to faculty and staff, complaints associated with a qualified disability are initiated in the Office of Human Resources.138 Assuming the matter cannot be satisfactorily resolved by the Office of Human Resources, the faculty or staff member may address the matter to the University’s Grievance Committee.139 The decision of the University’s Grievance Committee, once made, is final.140

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current mechanism for providing accommodations and protecting students, faculty members, and staff from discrimination based on discrimination is effective and appropriate.

Plan for Remediation:

Not applicable

132 The records are maintained in the office of the ADA Coordinator. Within that office, the records are maintained in a locked filing cabinet to which only the ADA Coordinator has access. 133 The records are maintained in a room that has restricted access to administrative-level personnel. Within the room, the records are kept in a locked filing cabinet. Only the Dean and Associate Dean for Assessment have keys to the filing cabinet. 134 The records are maintained in the Office of Human Resources by Libby King, the Human Resources Director. A copy of Libby King’s position profile is attached hereto as Exhibit 92. A copy of Libby King’s resume is attached hereto as Exhibit 93. The records are kept within a locked filing cabinet in a locked office. Only Libby King has access to the filing cabinet. 135 See Exhibit 86, Section XXVIII(C). 136 The University’s Grievance Committee, when composed for a student complaint, consists of the Vice-President for Enrollment and Management Services, the ADA Coordinator, the Director of Student Success and Retention, the Director of Student Support Services, and the Dean of the DSOL. See Exhibit 86, Section XXVIII(C). 137 See Exhibit 86, Section XXVIII(C). 138 See Exhibit 77, Section II. 139 The University’s Grievance Committee, when composed for a faculty or staff complaint, consists of the Vice President for Finance, the Director of Human Resources, and the supervisor of the department in which the effected employee works. See Exhibit 77, Section II. 140 See Exhibit 77, Section II. Page 96 of 281

Evaluation of Progress:

Not applicable

Date of Vote:

December 17, 2010

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VII. PROGRAM OF LEGAL EDUCATION

Standard 301. OBJECTIVES (a) A law school shall maintain an educational program that prepares its students for admission to the bar, and effective and responsible participation in the legal profession. (b) A law school shall ensure that all students have reasonably comparable opportunities to take advantage of the school’s educational program, co-curricular programs, and other educational benefits.

(a) A law school shall maintain an educational program that prepares its students for admission to the bar, and effective and responsible participation in the legal profession.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) maintains an educational program that prepares its graduates for competent participation in the legal profession by offering: an effective foundation of required courses; a comprehensive Lawyering Skills Program; three (3) rigorous writing requirements; an extensive Academic Success Program; a values-based lecture series and pro bono obligation; a deliberate use of practitioners in the classroom; and the use of technology for assessment and curricular enhancement.

1. Required Courses

The educational program at DSOL emphasizes a strong foundation in a core curriculum that focuses on those subjects that have been identified by the Tennessee Board of Law Examiners as foundational for all attorneys seeking admission to the Tennessee Bar.141 In that vein, the DSOL requires all students to successfully complete the following courses: Academic Success Program I,142 Civil Procedure I, Civil Procedure II, Contracts I, Contracts II, Property I, Property II, Torts I, Torts II, Lawyering Skills I, Lawyering Skills II, Lawyering Skills III, Lawyering Skills IV, Business Organizations, Commercial Transactions, Conflict of Laws, Constitutional Law, Criminal Law, Criminal Procedure, Domestic Relations, Evidence, Professional Responsibility, Secured Transactions, and Wills, Trusts & Estates.

2. Comprehensive Lawyering Skills Program

All students are required to complete the Lawyering Skills Program prior to conferment of the Doctor of Jurisprudence (“J.D.”) degree. The Lawyering Skills Program is composed of four (4) courses, each of which is a three (3)

141 DSOL offers courses that address every subject with which familiarity is recommended for successful completion of the Tennessee Bar Examination. See Exhibit 3. Those subjects are taught in required courses with the exception of Remedies and Restitution. 142 Academic Success Program I is required for all first-year students in the fall term. The course helps students to develop the ability to apply the law through essay exam writing, provides insight into multiple-choice exam questions and improves study techniques. The course is taught in small-group format with a maximum enrollment of twenty (20) students per section. Page 98 of 281

credit-hour course and each of which is designed to provide a chronological progression in the development of each student’s legal writing skills. The first of those courses—Lawyering Skills I—is taught by DSOL librarians in a small-class format and provides students an introduction to the law library, an introduction to basic legal research, and an introduction to legal citation.

The next segment of the Program—Lawyering Skills II—provides an introduction to predictive legal writing through drafting memoranda, continued instruction and heightened sophistication in legal researching methods, and an introduction to drafting basic legal correspondence.

The basic legal writing skills learned in Lawyering Skills II are then enhanced in Lawyering Skills III. Lawyering Skills III provides an introduction to persuasive legal writing at both the trial and appellate levels. It also continues to enhance students’ legal researching skills and provides an introduction to oral advocacy at both the trial and appellate levels.

Finally, Lawyering Skills IV introduces students to drafting basic pre-trial documents such as complaints, answers, scheduling orders, requests for interrogatories, requests to admit, and requests for production. It also discusses basic motions practice and requires that students draft and orally argue basic motions. Moreover, this course introduces students to basic modes of alternative dispute resolution.

3. Rigorous Writing Requirements

The DSOL requires each graduate to complete a minimum of three (3) rigorous writing requirements prior to conferment of the J.D. degree. Students complete the first of those requirements by successfully completing Lawyering Skills II. The curriculum for Lawyering Skills II encompasses three (3) different major writing assignments, one of which is designed as a rigorous writing assignment. The rigorous writing assignment for Lawyering Skills II consists of at least one (1) graded draft with a revision, and the ultimate completed work product must be in excess of twenty (20) textual pages.

The second rigorous writing requirement is satisfied by successfully completing Lawyering Skills III. The rigorous writing assignment for Lawyering Skills III consists of at least two (2) graded drafts with revisions and an ultimate completed work product in excess of 5,000 words, exclusive of headings, footnotes, endnotes, and the like.

The third rigorous writing requirement may be met in one of three ways— completion of a seminar class, completion of an independent study, and completion of a paper for Law Review. As to the first, a student may satisfy the seminar requirement through one (1) of two (2) options. First, the student

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can take a course with fewer than twenty (20) enrolled students and write an expository or argumentative writing of at least 5,000 words, exclusive of text, endnotes, and headings.143 In the alternative, the student can complete this requirement by writing a series of shorter memoranda, problems, or drafting exercises that cumulatively amount to at least 5,000 words, exclusive of footnotes, endnotes, and headings.144

As to the second—completion of an independent study—this option requires a student to write an expositive or argumentative writing of at least 5,000 words, exclusive of footnotes, endnotes, or headings.145

As to the third—completion of a paper for Law Review—this option requires a student to successfully complete two (2) years of service on the Law Review and produce a note which is either expository or argumentative writing of at least 5,000 words of text, exclusive of footnotes, endnotes, and headings.146

4. Extensive Academic Success Program

The DSOL has created an Academic Success Program (“ASP”) that is designed to benefit all students and to increase the retention of at-risk students through courses that are narrowly tailored to increase those skills that are inherent to most successful law students. The ASP program is comprised of Bridge Week, ASP I, ASP II, ASP III, ASP IV, the Bar Examination Skills Course, and individual tutoring.

Bridge Week is taken by all entering students. It is a required non-credit program that takes place immediately before the fall semester. It serves to introduce students to critical lawyering skills that are required during law school, including: reading statutes and cases; synthesizing rules; analyzing problems; and writing essay answers to problems using the IRAC format. As space allows, this course is taught as one section so the full-time and part-time students can interact with each other. Bridge Week is free to all DSOL students.

All first semester students are then enrolled in Academic Success Program I, a required, non-credit course. This course is designed to enhance skills that are

143 In addition, this option requires the student to complete both an outline and a draft that is submitted to and critiqued by a faculty member prior to submission of the final paper. Furthermore, this option requires that the student receive at least a “B” grade on the paper. 144 As with Option 1, this option requires that the student receive at least a “B” grade on the paper. 145 In addition, this option requires the student to complete both an outline and a draft that is submitted to and critiqued by a faculty member prior to submission of the final paper. Furthermore, this option requires that the student receive at least a “B” grade on the paper. 146 In addition to the above, the note must be submitted and critiqued by the Journal’s Faculty Advisor or another supervising faculty member prior to submission of the final paper, and either the Journal’s Faculty Advisor or the supervising faculty member must deem the final paper to be the quality of which would be a “B” or better if graded.

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necessary to succeed in law school, many of which were introduced during Bridge Week. It is taught once per week in large group, workshop format and focuses on: the ability to create and understand class outlines; read, analyze, and brief cases; apply the law through essay exam writing; provide insight into multiple-choice exam questions; improve student study techniques; and manage student stress and time.

All Academic Success Program I students are also required to participate in a Review Group meeting once per week. The Groups are student-led and consist of four (4) to six (6) students per group. Each group elects a President, Vice President, and Secretary who have designated obligations. Assignment options are provided to the groups each week. The options vary depending on the class learning goals for the week. Each group votes on the options, selecting enough to fill the next group session. ASP I is free to all DSOL students.

Academic Success Programs II, III, and IV are non-credit courses that are required for students who are on probation during their second, third, or remaining semesters, respectively, and are an elective for all other students. The courses are designed to enhance the skills that are necessary to succeed in law school, with increased emphasis on the ability to apply law through essay exam writing, provide insight into multiple-choice exam questions, and improve student study techniques. ASP II, ASP III, and ASP IV are free to probationary students at the DSOL.

The Bar Examination Skills course is designed to improve legal analysis, writing, and study skills in preparation for taking the Bar Examination. It is a two-credit course offered in the students’ final spring semester. It is required for students with a cumulative grade point average of 2.5 or below and is an elective for all other students. The course is taught in large groups. It assists students with developing and practicing test-taking strategies and skills. It also provides a familiarity with the methodology of the exam. Multiple essays are completed and critiqued during the course. The critiques involve peer assessment, other forms of collaborative learning, and professor assessment. Multiple-choice strategies and practice exams are also covered. The course is skills-based, not substance-based, so it is not intended to replace substantive course study review and/or commercial Bar Examination preparation courses.

5. Lecture Series and Pro Bono Obligation

The DSOL is committed to creating educational experiences for its students that transcend the classroom. The DSOL recognizes that ethical and competent attorneys are formed during the infancy of the law school education, not after attorneys are in practice. To that end, the DSOL has created a lecture series that emphasizes the importance of respect for diversity, professionalism, ethics, and legal history. Moreover, as a requirement to

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graduate from the DSOL, every student must complete thirty (30) hours of pro bono service prior to graduation. And, at least one-third of those hours must be in a law-related field. Likewise, all faculty members must complete ten (10) hours of pro bono service each academic year. The requirement for faculty pro bono participation was created, in substantial part, to provide a tangible example of citizenship and community responsibility to the student body of the DSOL.

During the 2009–2010 academic year, the DSOL hosted nine (9) events that provided students an opportunity to learn more about law school success and the core values of a responsible legal practitioner:

Speaker/Event Date Topic Tennessee Lawyer’s January 13, 2010 TLAP provided information to Assistance Program students about the purpose of (TLAP) the organization and the benefits provided to law students, including: consultation, assessment, referral, intervention, education & peer support services. The issues for which services are provided include: stress and burnout, depressions, worries about bar application issues, career concerns, balancing school and family and substance abuse. Judge Jerry Scott February 15 & 16, 2010 Ethics & Professionalism Dr. Gerald Osborn February 18, 2010 Stress Management & Anxiety Reduction in Test Taking

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documentary that details the history of the first high school desegregation in the south and the inception of the case of McSwain vs. Anderson County. Professor David Walker September 17, 2010 The Federalist Society arranged for Professor Walker to lecture on Originalism. James H. Bell September 27, 2010 Lectured on the issue of ethics and professionalism, discussing the rules of professional responsibility and giving advice to students about how to practice in conformance with the rules. John Kunich and Professor October 10, 2010 The Federalist Society Sandra Ruffin arranged for both speakers to lecture on environmental law issues and debated each other on those issues. Chief Justice Frank November 12, 2010 Lectured on Abraham Williams [Ret.] Lincoln’s interpretation of the Constitution during times of war versus how the Constitution during times of peace and how those same interpretations can be seen in modern times.

Additionally, the DSOL has scheduled a number of speakers for the spring 2011 term.147

6. Use of Practitioners

The primary goal of the faculty at DSOL is to produce a quality educational experience for its students. To that end, the DSOL has focused faculty recruitment efforts on obtaining qualified professors with both pedagogical experience or potential and experience in the practice of law. The majority of the faculty has had significant careers in legal practice prior to becoming legal educators. Their experiences in law firms, solo practices, and as members of the judiciary, add important perspectives to the theoretical principles of law.

The Strategic Plan of the DSOL requires the faculty and the Dean to continue to strive to provide students with more than scholars and gifted teachers—to instill those professors in the classrooms of DSOL that bring with them a

147 See Exhibit 94. Page 103 of 281

practical knowledge that cannot be obtained solely by the study of legal theory.

The DSOL currently has eleven (11) full-time faculty members. Of those, six (6) have a decade or more experience practicing law.148 Two (2) faculty members, Deans Beckman and Meldrum, have been members of the judiciary; Dean Beckman was a Municipal Judge Pro Tempore, adjudicating class C misdemeanor cases and criminal arraignments for three (3) years in Fort Worth, Texas, and Dean Meldrum was a full-time, elected Juvenile Court Judge in Anderson County, Tennessee for four (4) years. Dean Meldrum was specifically recruited by the DSOL for her knowledge of the local practice of law and the judiciary.

7. Technology-Based Assessment and Curricular Enhancement

The DSOL has made significant initial investments in infrastructure and technology, and the DSOL continues to assess the academic program and the technological prospects available to facilitate student learning in the classrooms, both on-site and remotely.

The DSOL provides technology support for teaching, scholarship, research, service, and administrative needs. The facility has a wireless-n network throughout which allows students to easily access the various online resources offered by the Doctor of Jurisprudence (J.D.) program, the DSOL library, and the Carnegie-Vincent Library (“CVL”). The DSOL also supports a fully- staffed Information Services division to assist faculty in the integration of technology and web-enhanced instruction into the learning environment. Two (2) Information Services (IS) technicians149 are available to assist faculty members in the development and delivery of recorded lectures, provide technology support, and facilitate live interactive videoconferencing. The IS technicians work full-time at the DSOL. IS also provides user support for faculty, staff, and students through a link on the Lincoln Memorial University (“University”) web site.

Through the use of innovative technology, students can watch all classes being taught at the DSOL, as each is captured. Additionally, podcasting provides additional studying opportunities for students with lengthy commutes to school or work. Furthermore, most professors publish their presentations used during class on The West Education Network, to allow students to review materials used within the classroom to enhance the depth of their knowledge and understanding. Moreover, the DSOL has worked with book publishers to acquire audio casebooks and online study aids for nearly all of the classes taught at the DSOL. Both of these services are provided free-of-

148 See attached biographies of Bruce Beverly, Sydney Beckman, Charles Lugosi, April Meldrum, Cheryl George & Sandra Ruffin. See Exhibit 95. 149 Resumes for John Tyler Jennings and John Gamble are attached hereto as Exhibit 96. Page 104 of 281

charge to the students. Finally, each course at the DSOL uses at least three (3) TurningPoint questions per class. This provides formative assessment for both the students and the professors. And, it also enhances the DSOL’s assessment mechanisms. Specifically, the DSOL is collecting data to use as a faculty assessment mechanism.

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current curricular program at the DSOL prepares its students for the practice of law. However, the Administration and Faculty believe the ASP II course should be required for all students who fail to achieve a cumulative GPA of 2.35 or below.

Plan for Remediation:

Beginning spring 2011, all second semester students failing to achieve a cumulative GPA of above a 2.35 shall be required to take the ASP II course.

Evaluation of Progress:

Not applicable

Date of Vote(s):

October 1, 2010, and December 17, 2010

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(b) A law school shall ensure that all students have reasonably comparable opportunities to take advantage of the school’s educational program, co-curricular programs, and other educational benefits.

Statement of Condition at Initial Review:

The Duncan School of Law (“ the DSOL”) has both a full-time and part-time option. Nevertheless, graduation requirements for full-time and part-time students are identical. The only distinction between the two (2) programs is the length of the program. Full-time students have a three- (3) year program, and part-time students have a four- (4) year program. This distinction in the lengths of the programs does lead to reduced credit-hours for part-time students during their time at the DSOL. The chart below indicates the credit hours differences for each program:

Full-Time Students’ First-Year Full-Time Students’ Second- Full-Time Students’ Third-Year Credit Allocation Credit Allocation Credit Allocation Credit hours fall: 15 Credit hours fall: 15 Credit hours fall: 14 Credit hours spring: 15 Credit hours spring: 15 Credit hours spring: 14

Part-Time Students’ Part-Time Students’ Part-Time Students’ Part-Time Students’ Year Credit Allocation Second-Year Credit Third-Year Credit Fourth-Year Credit Allocation Allocation Allocation Credit hours fall: 9 Credit hours fall: 12 Credit hours fall: 12 Credit hours fall: 11 Credit hours spring: 9 Credit hours spring: 12 Credit hours spring: 12 Credit hours spring: 11

Nevertheless, both full-time and part-time students are required to successfully complete eighty- eight (88) hours of coursework prior to graduation.

In addition to the above, the DSOL provides opportunities for equivalent participation in skills training, notwithstanding a student’s enrollment option. Lawyering Skills I, II, III and IV are required courses for both full and part-time cohorts. The courses are taught in small-group format with a maximum of thirty (30) students in each section of Lawyering Skills I and twenty (20) students in each section of Lawyering Skills II, III and IV. Sufficient course sections are offered both day and night to allow both full- and part-time students to take these skills training courses.

In any term in which elective course credits are required, three (3) elective courses are offered for every required elective. When electives are offered, they are offered both during the day and at night. Thus, both full-time and part-time students have access to those classes.

Although not yet launched, the DSOL does intend to offer an Externship Program in spring 2012. It is anticipated that an Externship Director will be hired on or before July 1, 2011 to initiate the creation of the Externship Program, thereby allowing students additional opportunities to participate in skills training. Both full-time and part-time students will have equal eligibility and opportunity to participate in the Externship Program.

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Furthermore, both the full-time and part-time cohorts have equal access to faculty and student interaction. In terms of faculty interaction, all faculty members provide instruction in both the full and part-time programs. In that vein, potential faculty members are told upon their initial interview with the DSOL that they will be obligated to teach in both programs. Additionally, faculty members are required to have at least five (5) office hours per week and to schedule those office hours in a manner congruent with the cohorts the professor is teaching. These mechanisms have resulted in a positive perception of faculty availability by the student body.150

In terms of interactions between students, the DSOL has been careful to schedule all student social functions during periods of time that permit both the full-time and part-time cohorts to attend simultaneously. Thus, for instance, events such as holiday meals or Student Bar Association functions are generally held at or about 5:00 p.m. to allow the majority of full and part-time students to participate together. Furthermore, the DSOL has attempted to schedule all professionalism series functions during periods of time that permit both the full-time and part- time cohorts to attend simultaneously. Finally, all students may communicate electronically through on-line message boards provided by the DSOL on The West Education Network (TWEN) or the University email that is easily discerned for all students as it incorporates their name ([email protected]).

Finally, all students, regardless of their enrollment option are eligible to participate in the Student Bar Association,151 Law Review, Moot Court, Mock Trial, and other student organizations.152 And, neither cohort is provided, or subjected to, any bias in organizing a club, applying for a position in a club or activity, or hosting an event.153 Rather, the DSOL has attempted, successfully, to schedule events during periods of time when all students are available to participate. Thus, for instance, the recent inaugural Moot Court competition was held over the course of a weekend, allowing both full-time and part-time students to participate.

Assessment by the Administration and Faculty:

The Administration and Faculty believe that the DSOL provides equivalent opportunities and requirements for both the full-time and part-time cohorts.

Plan for Remediation:

Not Applicable

150 See Exhibit 97. 151All students, based on their enrollment at the DSOL, are members of the Student Bar Association (“SBA”). Furthermore, in terms of representation, the full-time and part-time cohorts are both represented in the officer positions. 152 See Exhibit 98 for a list of current student organizations. 153 For instance, the DSOL initially extended credit for participation on Law Review, Moot Court, and Mock Trial. However, when the Faculty realized that the extension of credit could cause part-time students to exceed their maximum credit hour limitations, the Faculty withdrew credit from the programs. Although the Faculty understood that credit could still extend for full-time students without violating maximum credit-hour limitations, the Faculty was not willing to provide an incentive for the full-time students that would not exist for the part-time students. Page 107 of 281

Evaluation of Progress:

Not applicable

Date of Vote(s):

September 17, 2010, October 1, 2010, and December 17, 2010

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Standard 302. CURRICULUM (a) A law school shall require that each student receive substantial instruction in: (1) the substantive law generally regarded as necessary to effective and responsible participation in the legal profession; (2) legal analysis and reasoning, legal research, problem solving, and oral communication; (3) writing in a legal context, including at least one rigorous writing experience in the first year and at least one additional rigorous writing experience after the first year; (4) other professional skills generally regarded as necessary for effective and responsible participation in the legal profession; and (5) the history, goals, structure, values, rules and responsibilities of the legal profession and its members. (b) A law school shall offer substantial opportunities for: (1) live-client or other real-life practice experiences, appropriately supervised and designed to encourage reflection by students on their experiences and on the values and responsibilities of the legal profession, and the development of one’s ability to assess his or her performance and level of competence; (2) student participation in pro bono activities; and (3) small group work through seminars, directed research, small classes, or collaborative work.

(a) A law school shall require that each student receive substantial instruction in: (1) the substantive law generally regarded as necessary to effective and responsible participation in the legal profession;

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) currently requires that each graduate have completed coursework in the following doctrinal subject areas: Civil Procedure; Contracts; Property; Torts; Criminal Law; Professional Responsibility; Business Organizations; Constitutional Law; Evidence; Wills, Trusts & Estates; Domestic Relations; Commercial Transactions; Secured Transactions; Conflicts of Law; and Criminal Procedure.154 With the exception of Restitution and Remedies, these are the doctrinal areas examined on the Tennessee Bar Exam.155 And, the DSOL Faculty believes the substance of those areas is discussed in other existing required coursework.

In addition to the above, the DSOL also requires graduates to have completed twelve (12) credit hours of Lawyering Skills and two (2) upper-level writing requirements.156

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current curriculum provides students substantial instruction in the substantive law.

154 See Exhibit 3, Section XII.E. & F. 155 See Exhibit 3. 156 See Exhibit 86, Section XII.D., E. & F. Page 109 of 281

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

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(a) A law school shall require that each student receive substantial instruction in: . . . (2) legal analysis and reasoning, legal research, problem solving, and oral Communication . . .

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires each graduate to have completed twelve (12) credit hours of Lawyering Skills coursework.157 Specifically, the DSOL requires graduates to have completed Lawyering Skills I, II, III, & IV. Lawyering Skills I is taught by the DSOL library staff and is a portion of the University’s Quality Enhancement Program (“QEP”)— information literacy training. The course is designed to provide an introduction to basic legal research and the resources available in the DSOL Library. Additionally, the course introduces students to the Bluebook and legal citation.158

Lawyering Skills II introduces students to predictive legal writing and requires students to both apply law to a particular set of hypothetical facts and communicate their answers clearly and concisely in writing. Furthermore, Lawyering Skills II reinforces the research skills acquired in Lawyering Skills I by requiring students to conduct various, independent legal research projects. Those research and writing projects culminate in two (2) memo assignments requiring both legal research and complex analysis. All memo assignments are assessed by the professor.

Lawyering Skills III provides the students an introduction to persuasive legal writing at both the trial and appellate levels.159 Furthermore, Lawyering Skills III introduces students to oral advocacy at both the trial and appellate levels. Finally, Lawyering Skills III continues to reinforce the research and writing skills acquired in Lawyering Skills I and II by requiring an extensive, independent research project. Both the oral and written assignments are assessed by the professor.

Lawyering Skills IV introduces students to drafting basic legal documents, such as complaints, answers, requests for interrogatories, requests to admit, and requests for production, among others. Additionally, the course introduces students to basic motions practice and requires students to both draft and orally argue basic pre-trial motions. Finally, this course introduces students to basic modes of alternative dispute resolution and requires students to engage in at least one (1) alternative dispute resolution project.160 All graded assignments in Lawyering Skills IV are assessed by the professor.

In addition to the above, the DSOL has adopted a policy of writing across the curriculum. Specifically, the DSOL requires each professor to assign at least one (1) writing assignment in each course. Professors are given great latitude in determining the type(s) of writing assignment(s), but written portions of mid-term or final exams do not meet this requirement. Furthermore, the assignment(s) must include or enhance some aspect of the following: analytical skills, general problem-solving skills, or synthesizing skills.161

157 See Exhibit 86, Section XII.E. & F. 158 See Exhibit 86, Section XIII.A. 159 See Exhibit 86, Section XIII.B. 160 See Exhibit 86, Section XIII.B. 161 See Exhibit 73. Page 111 of 281

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current required coursework is sufficient to provide students a background in writing, research, and advocacy. Nevertheless, the Faculty believes the curriculum should provide more rigor in the Lawyering Skills II class. Specifically, the Faculty believes the curriculum should include an additional graded writing assignment that requires at least twenty (20) pages of text.

Plan for Remediation:

The Director of Lawyering Skills shall incorporate an additional writing assignment in the Lawyering Skills II curriculum that requires at least twenty (20) pages of text. This requirement shall be effective beginning in the spring 2011 term.

Evaluation of Progress:

Not yet applicable

Date of Vote:

December 17, 2010

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(a) A law school shall require that each student receive substantial instruction in: . . . (3) writing in a legal context, including at least one rigorous writing experience in the first year and at least one additional rigorous writing experience after the first year . . .

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires graduates to complete one (1) rigorous writing requirement in their first year of coursework and two (2) upper-level writing requirements. As to the first-year requirement, each graduate must complete Lawyering Skills II, a first-year course.162 Lawyering Skills II introduces students to predictive legal writing and requires students to complete at least two (2) memo assignments. Each memo assignment is submitted to the professor in both draft and final form, and each submission is returned to the student with detailed comments regarding the students’ performance. The last of these two (2) memo assignments is an extensive memorandum requiring both independent legal research and complex analysis. As to the first upper-level writing requirement, each student is required to successfully complete Lawyering Skills III. Among other things, Lawyering Skills III requires students to complete a brief containing at least 5,000 words of text, exclusive of headings, footnotes, endnotes, and the like. As to the second upper-level writing requirement, the DSOL requires each graduate to complete at least one of the following: a seminar class, an independent study, or a student note for law review. Regardless of which mechanism students use to complete the requirement, each mechanism requires the student to: produce at least 5,000 words of expository or argumentative writing and complete at least one (1) draft that is reviewed by a professor. All coursework satisfying this requirement is supervised by a faculty member and must be of at least “B” quality.163

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current required coursework is sufficient to provide students a background in writing and research. Nevertheless, the Faculty believes the curriculum should provide more rigor in the Lawyering Skills II class. Specifically, the Faculty believes the curriculum should include an additional graded writing assignment that requires at least twenty (20) pages of text.

Plan for Remediation:

162 See Exhibit 86, Section XIII.A. 163 See Exhibit 86, Section XII.D. Page 113 of 281

Evaluation of Progress:

Not yet applicable

Date of Vote:

December 17, 2010

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(a) A law school shall require that each student receive substantial instruction in: . . . (4) other professional skills generally regarded as necessary for effective and responsible participation in the legal profession . . .

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires each graduate to complete coursework devoted to trial and appellate advocacy, drafting, and alternative dispute resolution. Furthermore, the DSOL has instituted a policy of skills across the curriculum.

As to trial and appellate advocacy, each student is required to complete Lawyering Skills III.164 Lawyering Skills III provides the students an introduction to persuasive oral advocacy at both the trial and appellate levels. As to drafting and alternative dispute resolution, each student is required to complete Lawyering Skills IV.165 Lawyering Skills IV introduces students to drafting basic legal documents, such as complaints, answers, requests for interrogatories, requests to admit, and requests for production, among others. Additionally, the course introduces students to basic motions practice and requires students to both draft and orally argue basic pre-trial motions. Finally, this course introduces students to basic modes of alternative dispute resolution and requires students to engage in at least one (1) alternative dispute resolution project.

In addition to the above, students have the opportunity to take: Appellate Advocacy; Alternative Dispute Resolution; Advanced Criminal Procedure; Interviewing, Negotiation & Counseling; Pleading & Practice; Moot Court; Mock Trial; Law Review; and Trial Advocacy.166

In terms of skills across the curriculum, the DSOL requires each professor to assign at least one (1) skills assignment in each course. Professors are given great latitude in determining the type of skills-based assignment(s), but the assignment(s) must, either directly or indirectly, focus on some aspect of practicing law. Specific areas for focus include, but are not limited to: drafting skills, oral advocacy skills, research skills, and dispute resolution skills.167

Assessment by the Administration and Faculty:

The Administration and Faculty believe the required curriculum currently provides sufficient exposure to professional skills.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

164 See Exhibit 86, Section XII.E. & F. 165 See Exhibit 86, Section XII.E. & F. 166 See Exhibit 86, Section XII.G. 167 See Exhibit 73. Page 115 of 281

(a) A law school shall require that each student receive substantial instruction in: . . . (5) the history, goals, structure, values, rules and responsibilities of the legal profession and its members.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires each graduate to complete coursework in Professional Responsibility. Additionally, the DSOL requires students to attend a variety of professional development lectures throughout their coursework. As to the former, the Professional Responsibility class provides a study of legal ethics and values. Additionally, it provides a study of the rules and responsibilities of the legal profession.168

As to the latter, the Dean of Students has developed a Professionalism Series to regularly provide information to students regarding the history, goals, and structure of the legal profession, as well as the emerging aspects of it. Each segment of the series directly or indirectly relates to the ethical requirements of law students/practicing lawyers, the general professional expectations of law students/practicing lawyers, a respect for diversity, a respect for the rule of law, or the character and fitness requirements of the Tennessee Board of Law Examiners. During the 2009– 2010 academic year, the DSOL hosted nine (9) events that provided students an opportunity to learn more about law school success and the core values of a responsible legal practitioner:

168 See Exhibit 86, Section XII.B. Page 116 of 281

Daniel W. Stowell February 10, 2010 Presentation of “Abraham Lincoln – Lawyer, Leader, President”, a look at the leadership style, oral and written communication and professionalism of Abraham Lincoln. Professor Sandra Ruffin February 23, 2010 Provided students an opportunity to view The Clinton Twelve, a documentary that details the history of the first high school desegregation in the south and the inception of the case of McSwain vs. Anderson County. Professor David Walker September 17, 2010 The Federalist Society arranged for Professor Walker to lecture on Originalism. James H. Bell September 27, 2010 Lectured on the issue of ethics and professionalism, discussing the rules of professional responsibility and giving advice to students about how to practice in conformance with the rules. John Kunich and Professor October 10, 2010 The Federalism Society Sandra Ruffin arranged for both speakers to lecture on environmental law issues and debate each other on those issues. Chief Justice Frank November 12, 2010 Lectured on Abraham Williams [Ret.] Lincoln’s interpretation of the Constitution during times of war versus how the Constitution during times of peace and how those same interpretations can be seen in modern times.

Additionally, the DSOL has scheduled a number of speakers for the spring 2011 term.169

169 See Exhibit 94. Page 117 of 281

Assessment by the Administration and Faculty:

The Administration and Faculty believe the required curriculum, in combination with the Professionalism Series, provides sufficient exposure to the history, goals, structure, values, and rules and responsibilities of the legal profession.

The Administration believes the Professionalism series should have a mandatory component. Otherwise, a student could graduate without being exposed to the full opportunities provided by the series. Accordingly, the Administration intends to propose that all students must complete at least nine (9) hours of the Professionalism series prior to graduation. The Administration will raise this proposal for a vote during the January 2011 faculty meeting.

Plan for Remediation:

The Administration proposes to add a requirement for mandatory completion of the Professionalism Series as a graduation requirement. This proposal shall be raised by the Associate Dean for Assessment at the January 2011 faculty meeting.

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010. The Faculty has not voted on the Plan of Remediation listed above.

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(b) A law school shall offer substantial opportunities for: (1) live-client or other real-life practice experiences, appropriately supervised and designed to encourage reflection by students on their experiences and on the values and responsibilities of the legal profession, and the development of one’s ability to assess his or her performance and level of competence;

Statement of Condition at Initial Review:

Beginning spring 2012, the Duncan School of Law (“DSOL”) will offer externship opportunities for students.170 The Externship Program is a credit-bearing, field-placement program which provides students the opportunity to assist in real legal problems under the supervision of both a full-time faculty member and a member of the legal community.171 Each field placement has three (3) parts: the placement component, the classroom component, and the faculty supervision component. The field-placement component requires students to work at a selected field- placement site under the direct supervision of a judge or licensed, practicing attorney who shall have been selected, trained, and evaluated pursuant to the DSOL’s Externship Policy and Procedures Manual.172 The field placement supervisor and the faculty supervisor shall communicate regarding the student’s participation in the Externship Program in accordance with the DSOL’s Externship Policy and Procedures Manual.173

The second component—the classroom component—consists of classroom instruction and requires the students to meet with the Director of the Externship Program at regularly scheduled classroom sessions over the semester for a minimum of four (4) hours. The scheduled classes provide for instruction on issues associated with the practice of law as a profession.174

The third component—the faculty supervision component—is a reflective component where students meet regularly over the semester for a minimum of four (4) hours with a faculty sponsor—a full-time member of the DSOL Faculty—who ensures the Externship policies are being followed, ensures that the Externship Course requirements are being met, and provides one-on-one sessions for reflection on issues that arise with respect to clients and the work environment including ethical issues. The faculty sponsors also review their externs’ time logs, journals, and writings.175

Assessment by the Administration and Faculty:

The Administration and Faculty believe the externship program will provide sufficient opportunities for live-client interaction.

Plan for Remediation:

Not applicable

170 See Exhibit 86, Section XIV. 171 See Exhibit 99, Section III. 172 See Exhibit 99, Section III.2 173 See Exhibit 99, Section XII. 174 See Exhibit 99, Section XIII. 175 See Exhibit 99, Section IX. Page 119 of 281

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

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(b) A law school shall offer substantial opportunities for (2) student participation in pro bono activities; . . .

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires each of its students to complete thirty (30) hours of pro bono work prior to graduation, at least one third of which will be in a law-related field.176

Assessment by the Administration and Faculty:

The Administration and Faculty believe the DSOL requires sufficient exposure to pro bono work.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

176 See Exhibit 86, Section XI. Page 121 of 281

(b) A law school shall offer substantial opportunities for: (3) small group work through seminars, directed research, small classes, or collaborative work.

Statement of Condition at Initial Review:

Each student at the Duncan School of Law (“DSOL”) is required to complete Lawyering Skills II, Lawyering Skills III, and Lawyering Skills IV. Each of those classes has a maximum enrollment of twenty (20) students. Furthermore, each student has nineteen (19) hours available for electives of his/her choice, and thus, each of those classes is a small class for purposes of the Standard.177 And, any of those elective hours can be used for seminar classes. The DSOL currently plans to offer the following classes that are taught in a seminar, small class, or directed research format: Advanced Criminal Procedure; First Amendment Seminar; Independent Study; Interviewing, Negotiation, and Counseling; Juvenile Law; and Technology and the Law.178 Additional offerings will be available as the DSOL grows and hires additional faculty members.

Assessment by the Administration and Faculty:

The Administration and Faculty believe the DSOL currently provides sufficient opportunities for students to take seminars and learn in a small-class format.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

177 But note, students whose cumulative GPA does not exceed a 2.5 in their final semester are required to take a two- credit-hour Bar Examination Skills class. Students taking the Bar Examination Skills course would take seventeen (17) elective hours. 178 See Exhibit 86, Section XII.G. Page 122 of 281

Standard 303. ACADEMIC STANDARDS AND ACHIEVEMENTS (a) A law school shall have and adhere to sound academic standards, including clearly defined standards for good standing and graduation. (b) A law school shall monitor students’ academic progress and achievement from the beginning of and periodically throughout their studies. (c) A law school shall not continue the enrollment of a student whose inability to do satisfactory work is sufficiently manifest so that the student’s continuation in school would inculcate false hopes, constitute economic exploitation, or detrimentally affect the education of other students.

(a) A law school shall have and adhere to sound academic standards, including clearly defined standards for good standing and graduation.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) adheres to core curricular requirements and best practices for an academic institution.179 In terms of academic standards and graduation requirements, the DSOL requires each graduate to complete coursework in the following doctrinal subject areas: Civil Procedure; Torts; Contracts; Property; Criminal Law; Criminal Procedure; Secured Transactions; Wills, Trusts & Estates; Commercial Law; Professional Responsibility; Constitutional Law; Business Organizations; Domestic Law; and Conflicts of Law.180 Additionally, the DSOL requires each graduate to complete twelve (12) hours of coursework in Lawyering Skills and a total of three (3) rigorous writing requirements. The remaining graduation requirements include: successful completion of a total of eighty-eight (88) semester credit hours within eighty-four (84) months of matriculation; satisfaction of residency requirements; a minimum cumulative GPA of 2.0; successful completion of thirty (30) hours of pro bono service;181 and debt counseling. These, are stated both in the Student Handbook and on the DSOL Website.182

In terms of standards for good standing, the DSOL requires each student to achieve and maintain at least a cumulative 2.0 GPA to remain in the academic program. Students who fail to achieve a cumulative GPA of least 2.0 in any semester are placed on academic probation. The student then has one (1) probationary semester to raise his/her cumulative GPA or be academically dismissed, and in the event the student successfully completes the probationary semester, the student shall be subject to summary dismissal if their GPA falls below a 2.0 again.

Assessment by the Administration and Faculty:

The Administration and Faculty believe the DSOL adheres to sound educational practices for graduation and good standing.

179 A discussion of standards for good standing and probation is provided in Parts (b) and(c) herein. 180 With the exception of Restitution and Remedies, these requirements are consistent with doctrinal subjects tested on the Tennessee Bar Exam. See Exhibit 3. 181 See Exhibit 86, Section XI. 182 See Duncan School of Law Student Handbook (Exhibit 86), and see: http://www.lmunet.edu/law/program- requirements.shtml (last visited December 15, 2010). Page 123 of 281

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

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(b) A law school shall monitor students’ academic progress and achievement from the beginning of and periodically throughout their studies.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) maintains a system of continuous monitoring of each student in its academic program at both the course and programmatic levels.

At the course level, each professor is charged with assessing each student’s performance at both a formative and a summative level. At the formative level, professors are required to administer at least three (3) TurningPoint183 questions during each class. While professors are free to use the students’ responses from those questions as a portion of the students’ grades, the primary purpose of the TurningPoint questions is to provide a formative assessment for the students and provide the professor a better understanding of whether students, individually and collectively, are mastering the material. Additionally, each professor is required to administer a mid-term that is used for both formative and summative assessment. Once all mid-term grades are complete, the Faculty meets to discuss the students’ progress through the academic program. Specifically, the Faculty identifies students who are under-performing in one (1) or more classes and then has their faculty advisor meet with them to discuss their progress and means of improvement. At the summative level, each professor is required to administer a final examination that, at a minimum, examines each student on the material covered during the academic semester.

At the programmatic level, the DSOL assesses student performance both individually and collectively. Individually, the DSOL has created a firm probation mechanism that is triggered by a student’s individual cumulative GPA. Initially, the DSOL will automatically dismiss any student whose cumulative GPA is less than 1.25 in any semester.184 Furthermore, if, at any time, a student’s cumulative GPA falls below a 2.0, the student is contacted by the Associate Dean for Academics and placed on probation. That student then has one probationary semester to raise his/her cumulative GPA to a 2.0 or higher or be academically dismissed.

Collectively, the DSOL assesses student performance through the use of student retention reports,185 graduation rate reports,186 student portfolios, and bar examination pass rates.187

183 See Exhibit 79, Section III.K.2. 184 See Exhibit 86, Section XV.B. 185 See Exhibit 100. 186 The DSOL has not produced graduation rate reports, as the DSOL does not currently have any graduates. 187 The DSOL does not currently have bar examination pass rates, as the DSOL does not currently have any graduates. Page 125 of 281

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current mechanisms for assessing student progress are effective. Nevertheless, the Faculty believes the counseling function that immediately follows the mid-term evaluation would be more effective if conducted through the offices of the Associate Dean for Academics and the Associate Dean for Assessment. Accordingly, that counseling function shall be moved to their offices, effective immediately. (Date of Vote: March 22, 2010)

Plan for Remediation:

The counseling function that follows mid-term examinations shall be moved to the Offices of the Associate Dean for Academics and the Associate Dean for Assessment.

Evaluation of Progress:

The Administration and Faculty have not yet assessed what improvement, if any, resulted from the alteration. The Administration and Faculty shall conduct the evaluation during the February 2011 Strategic Planning Retreat.

Date of Vote(s):

March 22, 2010, and December 17, 2010

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(c) A law school shall not continue the enrollment of a student whose inability to do satisfactory work is sufficiently manifest so that the student’s continuation in school would inculcate false hopes, constitute economic exploitation, or detrimentally affect the education of other students.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) has created a probationary program that seeks to assist students in being successful but nonetheless dismisses students who have failed to demonstrate the ability to successfully complete the academic program. Specifically, the DSOL identifies two (2) different points at which a students’ performance requires formal, mandatory intervention. The first point of mandatory intervention is when a student’s cumulative GPA falls below a 1.25.188 In this event, the student is academically dismissed and can only reenroll in the academic program by successfully petitioning the Academic Standards Committee.189 The second point of mandatory intervention is when a student’s cumulative GPA falls below a 2.0.190 In this event, the student is placed on academic probation. Thereafter, the student is provided academic support from the Director of Academic Success.191 In addition, the student is mandatorily enrolled in the appropriate Academic Success Class.192 If the student fails to achieve a cumulative 2.0 at the termination of his/her probationary semester, the student is academically dismissed and can only reenroll in the academic program by successfully petitioning the Academic Standards Committee.193

In the event a student petitions the Academic Standards Committee for re-admittance following an involuntary academic withdrawal, the Academic Standards Committee must affirmatively find the following prior to granting a petition:

1. Extraordinary circumstances contributed to the student’s inability to meet the academic requirements of the law school; 2. The student’s failure to meet the standards for continuing his or her studies does not indicate a lack of capacity to complete the program of study and, in fact, the student possesses that capacity; and 3. The circumstances resulting in the student’s academic disqualification have been remedied or no longer exist.194

In the event a student is readmitted pursuant to this provision, the student is readmitted on probation.195 Furthermore, under no circumstances can a student apply for readmission under this provision on more than one (1) occasion during his or her academic studies at the DSOL.196 Moreover, a student who successfully completes a probationary semester will be academically

188 See Exhibit 86, Section XV.B. This point of intervention was added during the October 1, 2010, faculty meeting. 189 See Exhibit 86, Section XV.C. 190 See Exhibit 86, Section XV.A. 191 See Exhibit 55. 192 See Exhibit 86, Section XV.A.5.d. 193 See Exhibit 86, Section XV.C. 194 See Exhibit 86, Section XV.C. 195 See Exhibit 86, Section XV.C.8. 196 See Exhibit 86, Section XV.C.7. Page 127 of 281 dismissed and ineligible for another probationary semester if that student’s cumulative GPA falls below a 2.0.

Assessment by the Administration and Faculty:

The Administration and Faculty believe that the current mechanism for preventing retention of students who have not demonstrated the ability to succeed is effective.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

September 17, 2010, and December 17, 2010

Page 128 of 281

Standard 304. COURSE OF STUDY AND ACADEMIC CALENDAR (a) A law school shall have an academic year of not fewer than 130 days on which classes are regularly scheduled in the law school, extending into not fewer than eight calendar months. The law school shall provide adequate time for reading periods, examinations, and breaks, but such time does not count toward the 130-day academic year requirement. (b) A law school shall require, as a condition for graduation, successful completion of a course of study in residence of not fewer than 58,000 minutes of instruction time, except as otherwise provided. At least 45,000 of these minutes shall be by attendance in regularly scheduled class sessions at the law school. (c) A law school shall require that the course of study for the J.D. degree be completed no earlier than 24 months and no later than 84 months after a student has commenced law study at the law school or a law school from which the school has accepted transfer credit. (d) A law school shall require regular and punctual class attendance. (e) A law school shall not permit a student to be enrolled at any time in coursework that, if successfully completed, would exceed 20 percent of the total coursework required by that school for graduation (or a proportionate number for schools on other academic schedules, such as a quarter system). (f) A student may not be employed more than 20 hours per week in any week in which the student is enrolled in more than twelve class hours.

(a) A law school shall have an academic year of not fewer than 130 days on which classes are regularly scheduled in the law school, extending into not fewer than eight calendar months. The law school shall provide adequate time for reading periods, examinations, and breaks, but such time does not count toward the 130-day academic year requirement.

Statement of Condition at Initial Review:

The academic calendar at the Duncan School of Law (“DSOL”) commenced on August 16, 2010, for the 2010–2011 academic term.197 The academic calendar terminates on July 30, 2011.198 The DSOL has not scheduled classes on the following dates:

FALL TERM Labor Day September 6, 2010 Fall Break October 7–8, 2010 Mid-Term Reading Day October 11, 2010 Mid-Term Examinations October 12–15, 2010 Reading Days, Final Exams, and Christmas Break November 25, 2010–January 9, 2011

SPRING TERM Martin Luther King Day January 17, 2011 Mid-Term Reading Days February 25, 2011 Mid-Term Examinations February 28, 2011–March 4, 2011 Spring Break March 21–25, 2011 Good Friday April 22, 2011 Reading Days, Final Exams, and Summer Break May 15, 2011–May 27, 2011

SUMMER TERM Independence Day July 4, 2011

197 See Exhibit 101. 198 See Exhibit 101. Page 129 of 281

Additionally, the DSOL has not scheduled classes on any Saturday or Sunday during fall or spring term. Taken together, the DSOL has classes scheduled on sixty-five (65) days for the fall 2010 term, sixty-six (66) days for the spring 2011 semester, and forty-three (43) days for the summer 2011 term.199 In total, the DSOL has scheduled 174 days200 of classes during the 2010– 2011 academic year. None of those days include exam reading days or days scheduled for exams.201 Furthermore, the DSOL has classes in session during at least portions of the following calendar months: January, February, March, April, May, June, July, August, September, October, and November.202

In terms of exams, both mid-term and final exam periods include reading days. The following is an outline of exam reading days for the 2010–2011 academic year:

FALL TERM

October 11, 2010 November 29, 2010 November 30, 2010 December 1, 2010

SPRING TERM

February 24, 2011 February 25, 2011 April 28, 2011 April 29, 2011 April 30, 2011 May 1, 2011

SUMMER TERM

June 17, 2011 July 29, 2011 August 1, 2011

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current length of the academic calendar is effective and appropriate.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

199 See Exhibit 101. 200 This number accounts for the removal of one (1) day of class instruction that falls on a Saturday. 201 See Exhibit 101. 202 See Exhibit 101. Page 130 of 281

Date of Vote(s):

September 17, 2010, and December 17, 2010

Page 131 of 281

(b) A law school shall require, as a condition for graduation, successful completion of a course of study in residence of not fewer than 58,000 minutes of instruction time, except as otherwise provided. At least 45,000 of these minutes shall be by attendance in regularly scheduled class sessions at the law school.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires each student to complete eighty-eight (88) semester credit hours of coursework prior to graduation.203 Currently, each of the DSOL’s fall and spring classes are three (3) credit-hour classes and are scheduled for ninety (90) instructional minutes for a total of twenty-seven (27) classes204 over the course of thirteen (13) weeks— exclusive of time scheduled for examinations. Thus, fall and spring classes currently offered at the DSOL require completion of 2,430 instructional minutes or 810 instructional minutes per semester credit hour. Furthermore, the curriculum at the DSOL currently requires students to complete a total of 68,640 instructional minutes prior to graduation. At most, only 3,120 of those instructional minutes, or four (4) semester credit hours, may be completed in courses that do not have regularly scheduled classes as outlined by Interpretation 304-3.205 And, at most, a student may only transfer up to twenty-nine (29) semester credit hours into the academic program at the DSOL.206 Accordingly, at a minimum, each graduating student must complete at least 47,790 instructional minutes in residence at the DSOL.207 The DSOL does not permit transfer credits for any coursework completed at a non-ABA accredited school, and thus, the DSOL does not permit students to acquire academic credit for coursework completed prior to their matriculation at a law school.208

Assessment by the Administration and Faculty:

The Administration and Faculty believe the programmatic requirements for instructional minutes are effective and appropriate.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

203 See Exhibit 86, Section XII.A. 204 Due to fall break, some courses only have twenty-six (26) classes. 205 See Exhibit 86, Section XIII.C. 206 See Exhibit 86, Section XXV.A.3. 207 As stated above, the DSOL provides 810 instructional minutes per credit hour. Multiplying 810 by 29 credit hours equals 23,490 instructional minutes. Subtracting 22,620 from the total amount of instructional minutes in the academic program—71,280—yields 47,790. 208 See Exhibit 86, Section XXV. Page 132 of 281

(c) A law school shall require that the course of study for the J.D. degree be completed no earlier than 24 months and no later than 84 months after a student has commenced law study at the law school or a law school from which the school has accepted transfer credit.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) has enacted an absolute prohibition on students completing the program of study in less than twenty-four (24) months or more than eighty-four (84) months from the moment the student matriculates at the DSOL, or, in the case of a transfer student, from the moment of matriculation at the student’s institution of origin.209 As to the former, the DSOL does not permit any student to enroll in more than seventeen (17) hours during any academic semester.210 As to the latter, the DSOL has created a schedule of program course offerings that permit any student to complete the program in forty-eight (48) months.211 Furthermore, the DSOL does not permit any student to transfer more than twenty-nine (29) credit hours from another law school; rather, a transfer student must successfully complete at least fifty-nine (59) credit hours in residence at the DSOL.212

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current mechanism is sufficient and effective to comply with the Standard.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

209 See Exhibit 86, Section XII.A. 210 See Exhibit 86, Section XII.A. 211 See Exhibit 86, Section XII.G. 212 See Exhibit 86, Section XXV.A.3. Page 133 of 281

(d) A law school shall require regular and punctual class attendance.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires students to attend at least eighty (80) percent of the scheduled class meetings for each course.213 To facilitate students’ compliance with this rule, the DSOL requires each professor to take attendance in each class.214 Professors are then required to submit their completed attendance sheets each week to the Associate Dean for Academics—the administrator in charge of ensuring students’ compliance with the DSOL attendance requirements. Students who fail to comply with the DSOL attendance requirements are administratively withdrawn from their classes.215

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current mechanism for tracking attendance is effective and sufficient.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

213 See Exhibit 86, Section X.A. 214 See Exhibit 79, Section III.A.12. 215 For examples of individual DSOL attendance sheets, see Exhibit 102. For copies of attendance spread sheets, see Exhibit 103. Copies of all attendance sheets will be available for review by the Site Team. Page 134 of 281

(e) A law school shall not permit a student to be enrolled at any time in coursework that, if successfully completed, would exceed 20 percent of the total coursework required by that school for graduation (or a proportionate number for schools on other academic schedules, such as a quarter system).

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) has an absolute prohibition against any student enrolling in more than seventeen (17) credit hours during any academic semester.216 The DSOL follows a semester system. Furthermore, the software used to enroll students prohibits students from enrolling in more than seventeen (17) credit hours in any one (1) academic semester. Seventeen (17) credit hours is less than twenty (20) percent of the total eighty-eight (88) hours of coursework required by DSOL for graduation from its Doctor of Jurisprudence (“J.D.”) Program. The Faculty does not permit any member of the administration to waive this requirement for any reason.

Assessment by the Administration and Faculty:

The Administration and Faculty believe the current mechanism is sufficient to prevent non- compliance with the Standard.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

February 9, 2010, March 22, 2010, and December 17, 2010

216 See Exhibit 86, Section XII.A. Page 135 of 281

(f) A student may not be employed more than 20 hours per week in any week in which the student is enrolled in more than twelve class hours.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) has both a full-time and part-time program. In the full- time program, the DSOL prohibits first-year students from working. To that end, each student is required to sign a document indicating he/she understands this rule.217 After the first-year, full- time students are permitted to work no more than twenty (20) hours per week. As to the part- time students, no part-time student may enroll in more than twelve (12) credit hours. Accordingly, the DSOL does not prohibit part-time students from working more than twenty (20) hours per week.

Assessment by the Administration and Faculty:

The Administration and Faculty believe the mechanism is sufficient to comply with the Standard.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

September 17, 2010, and December 17, 2010

217 See Exhibit 104 for examples of completed copies of the document. Page 136 of 281

Standard 305. STUDY OUTSIDE THE CLASSROOM (a) A law school may grant credit toward the J.D. degree for courses or a program that permits or requires student participation in studies or activities away from or outside the law school or in a format that does not involve attendance at regularly scheduled class sessions. (b) Credit granted shall be commensurate with the time and effort required and the anticipated quality of the educational experience of the student. (c) Each student’s academic achievement shall be evaluated by a faculty member. For purposes of Standard 305 and its Interpretations, the term “faculty member” means a member of the full-time or part-time faculty. When appropriate a school may use faculty members from other law schools to supervise or assist in the supervision or review of a field placement program. (d) The studies or activities shall be approved in advance and periodically reviewed following the school’s established procedures for approval of the curriculum. (e) A field placement program shall include: (1) a clear statement of the goals and methods, and a demonstrated relationship between those goals and methods to the program in operation; (2) adequate instructional resources, including faculty teaching in and supervising the program who devote the requisite time and attention to satisfy program goals and are sufficiently available to students; (3) a clearly articulated method of evaluating each student’s academic performance involving both a faculty member and the field placement supervisor; (4) a method for selecting, training, evaluating, and communicating with field placement supervisors; (5) periodic on-site visits or their equivalent by a faculty member if the field placement program awards four or more academic credits (or equivalent) for field work in any academic term or if on-site visits or their equivalent are otherwise necessary and appropriate; (6) a requirement that students have successfully completed one academic year of study prior to participation in the field placement program; (7) opportunities for student reflection on their field placement experience, through a seminar, regularly scheduled tutorials, or other means of guided reflection. Where a student can earn four or more academic credits (or equivalent) in the program for fieldwork, the seminar, tutorial, or other means of guided reflection must be provided contemporaneously.

(a) A law school may grant credit toward the J.D. degree for courses or a program that permits or requires student participation in studies or activities away from or outside the law school or in a format that does not involve attendance at regularly scheduled class sessions. (b) Credit granted shall be commensurate with the time and effort required and the anticipated quality of the educational experience of the student. (c) Each student’s academic achievement shall be evaluated by a faculty member. For purposes of Standard 305 and its Interpretations, the term “faculty member” means a member of the full-time or part-time faculty. When appropriate a school may use faculty members from other law schools to supervise or assist in the supervision or review of a field placement program. (d) The studies or activities shall be approved in advance and periodically reviewed following the school’s established procedures for approval of the curriculum.

Page 137 of 281

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) has five (5) programs that are governed by this rule— Law Review, the Moot Court Program, the Mock Trial Program, Independent Study Courses, and the Externship Program. Each of these programs requires prior approval for participation before enrollment is permitted, and each is discussed below.

Law Review: The Law Review Course at DSOL is designed to improve techniques and research methods for legal writing in connection with service on the Lincoln Memorial University Law Review. Each student is required to participate in board meetings, edit scholarly works, conduct research, review submissions from scholars, and conduct other work required for operation of a scholarly journal. The Course does not require class attendance. Nevertheless, to receive credit for service on the Law Review, the following conditions must be satisfied:

1. The student serves on the Law Review for at least one year; and 2. The Faculty Advisor, who must be a full-time faculty member, avers that the level, amount, and quality of the work performed is commensurate with the requested credit. The averment for each student must indicate the specific tasks the student completed over the course of the academic year and an explanation for extension of requested credit. All averments shall be retained in the students’ respective academic files.

Students who receive credit under this provision receive it on a pass/fail basis. Furthermore, students may only receive one credit hour per academic year of service on the Law Review. Under no circumstances may a student receive more than a total of three (3) credit hours for service on Law Review.218

Moot Court: The Moot Court Program at DSOL is designed to enhance students’ written and oral advocacy skills by requiring select students to prepare appellate briefs and then orally argue their merits at local, regional, and national competitions. The Course does not require class attendance. Nevertheless, to receive credit for Moot Court, the following must be satisfied:

1. The student completes substantial research, drafts a substantial portion of an appellate brief, and orally argues at least one issue during a competition; and 2. The Faculty Advisor, who must be a full-time or adjunct faculty member, avers that the level, amount, and quality of the work performed is commensurate with the requested credit. The averment for each student must indicate the specific tasks the student completed over the course of the academic year and an explanation for extension of requested credit. All averments shall be retained in the students’ respective academic files.219

218 See Exhibit 86. Furthermore, if a student participates in more than one (1) co-curricular activity governed by this provision—Law Review, Moot Court, Mock Trial—a student may not receive more than three (3) total credit hours for all of the activities. See Exhibit 86. 219 See Exhibit 86. Page 138 of 281

Students who receive credit under this provision receive it on a pass/fail basis. Furthermore, students may only receive one credit hour per academic year of service on Moot Court. Under no circumstances may a student receive more than a total of three (3) credit hours for service on Moot Court.220

Mock Trial: The Mock Trial Program at the DSOL is designed to enhance students’ oral advocacy skills by requiring select students to present cases at the trial level in local, regional, and national competitions. The Course does not require class attendance. Nevertheless, to receive credit for Moot Court, the following must be satisfied:

1. The student completes a trial notebook and presents a substantial portion of a trial case; and 2. The Faculty Advisor, who must be a full-time or adjunct faculty member, avers that the level, amount, and quality of the work performed is commensurate with the requested credit. The averment for each student must indicate the specific tasks the student completed over the course of the academic year and an explanation for extension of requested credit. All averments shall be retained in the students’ respective academic files.

Students who receive credit under this provision receive it on a pass/fail basis. Furthermore, students may only receive one credit hour per academic year of participation in Mock Trial. Under no circumstances may a student receive more than a total of three (3) credit hours for participation in Mock Trial.

Independent Study: The Independent Study Course at DSOL is offered for students who wish to study a particular area of law that is not provided in the DSOL’s existing course offering. The Course does not require class attendance. Nevertheless, to receive credit for an Independent Study, the following must be satisfied:

1. The student applies for and receives permission from the Curriculum Committee; 2. The student prepares an outline and draft of an article; 3. The student prepares a final draft of an article that is either expository or argumentative and is at least 5,000 words, exclusive of footnotes, endnotes, headings, and the like; 4. The Faculty Advisor, who must be a full-time faculty member, avers that the quality of the work performed is at a “B” level or better. Furthermore, the Faculty Advisor avers that the level, amount, and quality of the work performed is commensurate with the requested amount of credit. All averments shall be retained in the students’ respective academic files.

Students who receive credit under this provision can receive either one (1) or two (2) hours of credit, dependent upon the level, amount, and quality of the work performed.221

220 Furthermore, if a student participates in more than one (1) co-curricular activity governed by this provision— Law Review, Moot Court, Mock Trial—a student may not receive more than three (3) total credit hours for all of the activities. See Exhibit 86. 221 See Exhibit 86, Section XIII.C. Page 139 of 281

Assessment by the Administration and Faculty:

The Administration and Faculty believe that granting credit for Law Review, Moot Court, and Mock Trial has affected the DSOL’s compliance with Standard 304(f). Specifically, the Administration and Faculty believe that granting credit towards those programs creates the potential that a part-time student who works in excess of twenty (20) hours per week could take more than twelve (12) credit hours in a semester. Accordingly, the Administration and Faculty have withdrawn credit for those programs. Notwithstanding this policy change, the Administration and Faculty will award appropriate credit for students currently enrolled in the Law Review course for this academic year. However, the Administration and Faculty will not permit extension of credit for Law Review, Moot Court, or Mock Trial following the 2010–2011 academic year.

Plan for Remediation:

Completed

Evaluation of Progress:

Completed

Date of Vote(s):

November 6, 2010,222 and December 17, 2010

222 See Exhibit 174. Page 140 of 281

(e) A field placement program shall include: (1) a clear statement of the goals and methods, and a demonstrated relationship between those goals and methods to the program in operation; (2) adequate instructional resources, including faculty teaching in and supervising the program who devote the requisite time and attention to satisfy program goals and are sufficiently available to students; (3) a clearly articulated method of evaluating each student’s academic performance involving both a faculty member and the field placement supervisor; (4) a method for selecting, training, evaluating, and communicating with field placement supervisors; (5) periodic on-site visits or their equivalent by a faculty member if the field placement program awards four or more academic credits (or equivalent) for field work in any academic term or if on-site visits or their equivalent are otherwise necessary and appropriate; (6) a requirement that students have successfully completed one academic year of study prior to participation in the field placement program; (7) opportunities for student reflection on their field placement experience, through a seminar, regularly scheduled tutorials, or other means of guided reflection. Where a student can earn four or more academic credits (or equivalent) in the program for fieldwork, the seminar, tutorial, or other means of guided reflection must be provided contemporaneously.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) anticipates a robust Externship Program that will be available to any student who has completed his/her entire first-year of coursework as defined by the DSOL Student Handbook and Catalog.223 The Externship Program at the DSOL is designed to:

1. Provide exposure to the actual workings of the legal system under the guidance of an experienced attorney; 2. Provide at least three (3) substantial research and writing opportunities in an actual case setting; 3. Introduce students to the ethical concerns and issues of professionalism that arise in actual case settings; 4. Provide opportunities for enhancing professional communication skills; and 5. Build the students’ skills in reflecting on the practice of law and in using those reflections as tools for professional development.224

The Externship Program will be administered by a director—the Director of Externship Programs—who will also hold a full-time faculty rank.

While the Externship Program is administered by the Director of Externship Programs, the Program also uses other resources available at the DSOL. For instance, the Externship Program will have designated office space on campus. Furthermore, the Externship uses full-time faculty

223 See Exhibit 86, Section III(1). 224 See Exhibit 86, Section IV. Page 141 of 281 members as supervisors (“Faculty Sponsors”) for individual student’s externships.225 Faculty Sponsors are responsible for supervising the Externship; instructing the Extern on appropriate practices for the Externship; assisting the student in reflecting on his/her experiences with the Externship Program; acting as a mentor for completion of the program; and, in combination with the Director of Externship Programs, assigning a passing/failing grade to the Extern.226

In terms of requirements, the Externship Program requires students to:

1. attend the Externship Orientation conducted by the Director of Externship Programs;227 2. seek and successfully acquire a Faculty Sponsor—a member of the full-time faculty;228 3. seek and acquire an externship at a site (“the Site”) approved by the Director of Externships;229 4. work a minimum of six (6) hours per week at the Site for a minimum of six (6) weeks;230 5. complete at least three (3) substantial writings over the course of the Externship;231 6. complete at least four (4) hours of classroom instruction conducted by the Director of Externship Programs;232 7. meet with their Faculty Sponsor for a total of at least four (4) hours over the course of the Externship;233 8. keep time logs that document their work related to the Site and their meetings with their Faculty Sponsors;234 9. complete a weekly journal entry which reflects upon their experiences working at the Site;235 10. demonstrate successful completion of the duties at the Site by producing a satisfactory review by their Field Placement Supervisor at two different times during their Externship;236 and 11. attend the Final Meeting with the Director of Externship Programs.237

225 See Exhibit 99, Section I.4. 226 See Exhibit 99, Sections XIV and III(1). In terms of assigning a grade to the Extern, the Faculty Sponsor and Director of Externship Programs must review all reports from the Field Placement Supervisor prior to making any determination. See Exhibit 99, Parts XII and XIV. 227 See Exhibit 99, Section II (2). 228 See Exhibit 99, Section I (4) and II (2). 229 See Exhibit 99, Section III(13). The Site may be a not-for-profit corporation or an educational, charitable, or governmental entity. Under no circumstances may a student be paid for service at a Site. See Exhibit 99, Section XVI. 230 See Exhibit 99, Section II (1). The number of hours a student must work is dependent upon the amount of credit sought. A student seeking two (2) hours of course credit must complete a minimum of eighty (80) hours of work related to his/her duties for the Site. A student seeking three (3) credit hours of course credit must complete a minimum of one hundred and twenty (120) hours of work related to his/her duties for the Site. See Exhibit 99. 231 See Exhibit 99, Parts II (4), VII, and X. 232 See Exhibit 99, Section II (1). 233 See Exhibit 99, Section II (1). In addition to the required meetings with the Faculty Sponsor, the Faculty Sponsor is required to be available to the Extern by appointment throughout the duration of the Externship. See Exhibit 99. 234 See Exhibit 99, Parts II (3) and VIII. 235 See Exhibit 99, Parts II (3), VIII, IX. 236 Students are required to receive satisfactory Mid-Term and Final reviews from their Field Placement Supervisors. See Exhibit 99, Parts II (5), II(6), and XII. 237 See Exhibit 99, Parts II (10) and XIII. Page 142 of 281

In terms of training, both the Field Placement Supervisors and the Faculty Sponsors are trained by the Director of Externship Programs.238 Specifically, each new Site receives a copy of the DSOL Externship Policy and Procedures Manual; is orally informed of DSOL’s policies; and receives periodic visits from the Director of Externship Programs to evaluate the Site and ensure compliance.239 Furthermore, each Faculty Sponsor is required to attend a training seminar wherein the Director of Externships Programs disseminates a copy of the Externships Policy and Procedures Manual and instructs Faculty Sponsors on the roles and responsibilities of a Faculty Sponsor.240

Assessment by the Administration and Faculty:

The Administration and Faculty believe the Externship Program will provide sufficient opportunities for students to experience field placement. However, at this time, the Administration and Faculty cannot assess the Program. The Administration and Faculty intend to assess the Program during the February 2013 Strategic Planning Retreat.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

December 17, 2010

238 See Exhibit 99, Section V. 239 See Exhibit 99, Section V. Under some circumstances, personal site visits by the Director of Externships will be impractical. In those circumstances, the Director of Externship Programs will seek to have a faculty member from another ABA-accredited school to visit the Site, assuming that is possible. See Exhibit 99, Parts V and XI. In any event, every Site, regardless of location, is evaluated pursuant to DSOL’s Externship Program Evaluation. See Exhibit 99, Section XVII. 240 See Exhibit 99, Section V. Page 143 of 281

Standard 306. DISTANCE EDUCATION (a) A law school may offer credit toward the J.D. degree for study offered through distance education consistent with the provisions of this Standard and Interpretations of this Standard. Such credit shall be awarded only if the academic content, the method of course delivery, and the method of evaluating student performance are approved as part of the school’s regular curriculum approval process. (b) Distance education is an educational process characterized by the separation, in time or place, between instructor and student. It includes courses offered principally by means of: (1) technological transmission, including Internet, open broadcast, closed circuit, cable, microwave, or satellite transmission; (2) audio or computer conferencing; (3) video cassettes or discs; or (4) correspondence. (c) A law school may award credit for distance education and may count that credit toward the 45,000 minutes of instruction required by Standard 304(b) if: (1) there is ample interaction with the instructor and other students both inside and outside the formal structure of the course throughout its duration; and (2) there is ample monitoring of student effort and accomplishment as the course progresses. (d) A law school shall not grant a student more than four credit hours in any term, nor more than a total of 12 credit hours, toward the J.D. degree for courses qualifying under this Standard. (e) No student shall enroll in courses qualifying for credit under this Standard until that student has completed instruction equivalent to 28 credit hours toward the J.D. degree. (f) No credit otherwise may be given toward the J.D. degree for any distance education Course.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) does not currently, and does not have plans to, offer distance education classes as defined by the Standards.

Assessment by the Administration & Faculty:

Not applicable

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

February 9, 2010, and December 17, 2010

Page 144 of 281

Standard 307. PARTICIPATION IN STUDIES OR ACTIVITIES IN A FOREIGN COUNTRY A law school may grant credit for student participation in studies or activities in a foreign country only if the studies or activities are approved in accordance with the Rules of Procedure and Criteria as adopted by the Council.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) does permit students to achieve credit through studies in a foreign country. However, pursuant to DSOL Policy, credit can only be achieved if the foreign studies program is accredited by the American Bar Association.241 The DSOL does not currently, and does not have plans to, offer its own foreign studies program.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL’s current policy complies with the Standard.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

February 9, 2010, and December 17, 2010

241 See Exhibit 86, Section XXV.B. Page 145 of 281

Standard 308. DEGREE PROGRAMS IN ADDITION TO J.D. A law school may not establish a degree program other than its J.D. degree program without obtaining the Council’s prior acquiescence. A law school may not establish a degree program in addition to its J.D. degree program unless the school is fully approved. The additional degree program may not detract from a law school’s ability to maintain a J.D. degree program that meets the requirements of the Standards.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) does not currently offer, and does not intend to offer, programs other than its Doctor of Jurisprudence Program.

Assessment by the Administration & Faculty:

Not applicable

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

February 9, 2010, and December 17, 2010

Page 146 of 281

VIII. THE FACULTY

Standard 401. QUALIFICATIONS A law school shall have a faculty whose qualifications and experience are appropriate to the stated mission of the law school and to maintaining a program of legal education consistent with the requirements of Standards 301 and 302. The faculty shall possess a high degree of competence, as demonstrated by its education, experience in teaching or practice, teaching effectiveness, and scholarly research and writing.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) currently has eleven (11) full-time faculty members―which includes a Dean, three (3) Associate Deans, and a Visiting Assistant Professor of Law. In addition, the DSOL employs three (3) law librarians who have teaching duties. Furthermore, the DSOL employs four (4) adjunct professors for the fall 2010 semester. Finally, the DSOL is currently recruiting six (6) full-time faculty members to begin before the fall 2011 term, five full-time faculty members to begin before the fall 2012 term, and five (5) full-time faculty members to begin before the fall 2013 term. These numbers presumptively comply with American Bar Association (ABA) requirements242 and are consistent with other law schools of similar size. The DSOL intends to maintain a student/faculty ratio below 20:1 in the projected future.

Full-time faculty members are required to possess a Doctor of Jurisprudence (J.D.) from an institution accredited by the ABA. Each faculty member possesses a high degree of competence and demonstrated scholarship and research capability, as demonstrated by his or her education, experience in teaching or practice, teaching effectiveness, and scholarly research and writing. Efforts have been made to ensure the faculty has a good balance of academic and practical experience.

FULL-TIME FACULTY MEMBERS

Dean Sydney Beckman243 is the chief academic and administrative officer for the DSOL. Dean Beckman received his Doctor of Jurisprudence (J.D.) degree from Baylor University School of Law and comes to Lincoln Memorial University with proven experience at the Charleston School of Law (“CSOL”), a startup law school which opened its doors in 2004. As a member of the faculty at CSOL, Dean Beckman taught Evidence, Domestic Relations, and Technology and the Law. He also served as Associate Dean of Academic Affairs and served on the Dean’s Advisory Council and on a number of committees, including faculty recruitment, technology, admissions, and student affairs. Prior to joining academia, Dean Beckman practiced law for fourteen (14) years, was an adjunct professor at Texas Wesleyan University School of Law in Fort Worth, Texas, and served for three (3) years as a municipal judge pro tem. Dean Beckman has also served as a visiting family law magistrate.

242 See American Bar Association Standards and Rules of Procedure for Approval of Law Schools, Interpretation 402-2 (“Student/faculty ratios are considered in determining a law school’s compliance with the Standards. (1) A ratio of 20:1 or less presumptively indicates that a law school complies with the Standards. However, the educational effects shall be examined to determine whether the size and duties of the full-time faculty meet the Standards.”). 243 A copy of Dean Beckman’s CV is attached hereto as Exhibit 26. Page 147 of 281

Dean Beckman authored O’Connor’s Family Code Plus in 2001 and co-authored its updates through 2007. He has contributed to numerous books, trial aids, and law publications. Dean Beckman coauthored Evidence—A Contemporary Approach with Professors Susan Crump and Fred Galves. The textbook from Thomson-West Publishers was released in the summer of 2009. Most recently, Dean Beckman authored a new study aid—Evidence-Logic Maps—also published by Thomson-West. He has also authored Federal Trial Objections – Quick Reference Guide published by NITA. Dean Beckman is also a regular speaker and author in both legal academia and the legal profession.

Dean Gordon Russell244 is an Associate Dean, Professor of Law, and Director of the Law Library. Prior to joining the DSOL, Dean Russell served as Associate Dean, Professor of Law, and Library Director for the Charleston School of Law from 2004-2008. He also formerly held the position of Law Library Director at St. Thomas University's law library, where he was also an associate professor of law. Dean Russell has experience as a teacher of first-year legal research and writing, advanced electronic research for upper-level classes, and computer-assisted legal research. Dean Russell is an online instructor for the International Off-Shore Tax LL.M. program and is a member of the American Association of Law Libraries, the American Association of Law Schools, and the Canadian Association of Law Libraries.

Dean Russell received his B.A. degree from Brigham Young University, M.L.S. from Brigham Young University, LL.B. from University of Western Ontario, and J.D. degree from the University of New Mexico. Dean Russell currently teaches Lawyering Skills I.

Dean April Meldrum245 is the Associate Dean for Academics and Assistant Professor of Law. Prior to joining the DSOL, Dean Meldrum practiced as a trial attorney for thirteen (13) years until she was elected as the Anderson County Juvenile Court Judge in 2006.246 Dean Meldrum has a B.A. in English and an Associate’s degree in Business Administration from Lincoln Memorial University. Dean Meldrum earned her J.D. from Samford University Cumberland School of Law. Dean Meldrum is admitted to the Tennessee Bar, Sixth Circuit Court of Appeals, and the Tennessee State Supreme Court.

Dean Jonathan A. Marcantel247 is the Associate Dean for Assessment and Assistant Professor of Law. Prior to joining the DSOL, Dean Marcantel was a law clerk to the Honorable William L. Howard, Sr., South Carolina Court of Appeals Judge; an associate attorney at Finkel & Altman, L.L.C., where he was statewide local counsel for both a major financial institution and an international software company; and most recently, a Legal Writing Professor at the Charleston School of Law. Dean Marcantel has also taught as an Adjunct Professor of Political Science at the College of Charleston. Dean Marcantel graduated cum laude from the College of Charleston with BAs in Political Science and History; Dean Marcantel graduated cum laude from the University of South Carolina School of Law. Dean Marcantel has published The Crumbled Difference Between Legal and Illegal Arbitration Awards: Hall Street Associates and the Waning Pubic Policy Exception, 14 FORDHAM J. CORP. & FIN. L. 597 (2009). Additionally, the KANSAS LAW REVIEW has accepted Dean Marcantel’s article entitled, Because Judges are not Angels Either: Limiting Judicial Discretion by Introducing Objectivity into Piercing Doctrine. Finally, the U.C. DAVIS BUSINESS LAW JOURNAL has accepted Dean Marcantel’s article entitled, The Corporation as a “Real” Constitutional Person. Dean Marcantel currently teaches Contracts.

244 A copy of Dean Russell’s CV is attached hereto as Exhibit 37. 245 A copy of Dean Meldrum’s CV is attached hereto as Exhibit 33. 246 Anderson County is in Tennessee. 247 A copy of Dean Marcantel’s CV is attached hereto as Exhibit 31. Page 148 of 281

Professor Sandra Ruffin,248 Associate Professor of Law, holds a BA from the University of Maryland and a J.D. from Harvard University. Professor Ruffin practiced in the areas of corporate finance, transactional law, and entertainment law in Washington, D.C. While practicing, Professor Ruffin taught numerous CLE courses and consulted with the General Services Administration as a trainer for Equal Employment Opportunity personnel. In 2006, Professor Ruffin was invited to the White House to brainstorm with members of the National Business Roundtable regarding the development agenda in Washington, D.C. and Prince George's County, Maryland. In 2009, Prof. Ruffin presented at the Christiania Climate Summit in Copenhagen, Denmark.

Professor Ruffin was a teaching fellow at the Howard University School of Law and has taught Civil Procedure, Family Law, Entertainment Law, Constitutional Law, Real Estate Transactions and Land Use Planning at the St. Thomas University School of Law in Miami, Florida. Currently, she teaches Civil Procedure at the DSOL.

Professor Cheryl George,249 Associate Professor of Law, holds a B.A. from Howard University in Washington, D.C. and a J.D. from Texas Tech University School of Law in Lubbock, Texas. Professor George practiced in the areas of Criminal Law, Administrative Law, and Family Law in the State of Texas. She worked on behalf of the indigent at Legal Aid before becoming a Criminal Prosecutor in Travis County, Texas. Professor George worked specifically to address the needs of victims of domestic abuse by helping them acquire protective orders and other services designed to assist and empower victims. She also worked to spread awareness about battered victims to end domestic violence.

Professor George currently teaches Criminal Law, Evidence, and Criminal Procedure. Prior to joining the DSOL, Professor George taught Education Law, Civil Rights, and International Human Rights at St. Mary’s University School of Law. She has also taught at the University of Innsbruck in Innsbruck, Austria and has been an invited speaker at the Chinese Academy of Social Sciences in Beijing, China and the University of Gloucestershire in Gloucester, England.

Doctor Charles Lugosi,250 Associate Professor of Law, is a graduate of the University of Pennsylvania (S.J.D., LL.M., M.B.E.) and the University of Western Ontario (LL.B.). Prior to entering graduate school, Dr. Lugosi was admitted to the bars of Ontario and British Columbia, practicing in both trial and appellate courts.

Dr. Lugosi has taught courses in constitutional law, criminal law, criminal procedure, jurisprudence, torts, and health care law, among other things, at the University of Western Ontario, St. Thomas University; Michigan State University, and the Ave Maria School of Law. Dr. Lugosi has published twelve (12) articles.

Dr. Lugosi is admitted to the United States Supreme Court, the Sixth Circuit Court of Appeals, the Eastern and Western Districts of Michigan, and the Michigan Bar. Dr. Lugosi currently teaches Property.

248 A copy of Professor Ruffin’s CV is attached hereto as Exhibit 105. 249 A copy of Professor George’s CV is attached hereto as Exhibit 106. 250 A copy of Doctor Lugosi’s CV is attached hereto as Exhibit 107. Page 149 of 281

Professor Bruce L. Beverly,251 Assistant Professor of Law, practiced family law for over sixteen (16) years and is a board certified as a family law specialist by the Texas Board of Legal Specialization.

Professor Beverly has extensive bench and jury litigation experience as well as appellate experience in family law and personal injury tort litigation. He received his undergraduate degree from the State University of New York at Buffalo and his J.D. from Ohio Northern University.

In addition to his litigation practice as a partner and solo practitioner in private practice, Professor Beverly has previously taught as an adjunct professor in the paralegal programs at the University of Texas at Arlington and the State University of Ohio-Lima/Lima Technical College in Lima, Ohio. He has since written and presented dozens of articles and papers on family law, law and technology, and practical tips for lawyers, and he has co-authored three (3) published books on direct and cross examination in family law cases. Professor Beverly has been an officer and director for a number of years in the Tarrant County Family Law Bar Association and is a member of the State Bar of Texas, Family Law Section. Professor Beverly currently teaches Torts.

Professor Heather Zuber,252 Director of Lawyering Skills, Director of Academic Success, and Assistant Professor of Law, received a B.S. in psychology and a B.A. in French from the University of Iowa. She received a J.D. from California Western School of Law in San Diego.

Professor Zuber was a civil litigator for six (6) years prior to becoming a full-time professor. She taught at American Continental University and Platt College before teaching at Western State University College of Law in Orange County, California. She has presented at numerous regional legal writing and academic success conferences and workshops. Currently, Professor Zuber teaches Academic Success I and Lawyering Skills III.

Professor Melanie Reid,253 Assistant Professor of Law, served as a United States Department of Justice trial attorney in the Drug Intelligence Unit of the Narcotics and Dangerous Drug Section, (“NDDS”) and prior to that position, she was a prosecutor in the Litigation Unit of NDDS in 2007. From 2001 to 2006, Ms. Reid served as Assistant United States Attorney in the Southern District of Florida in Miami where she prosecuted various federal firearm, drug, immigration, money laundering, violent crime, and fraud violations.

Professor Reid has lectured on various topics, including prosecuting international narcotics trafficking cases, proactive investigations, federal wiretap and conspiracy laws, discovery obligations and prudential searches, advanced trial advocacy and evidentiary foundations, and evidentiary issues in international criminal cases.

Prior to joining the Department of Justice, Professor Reid served as a judicial law clerk to the Honorable Charles Wilson of the Eleventh Circuit Court of Appeals in Tampa, Florida. Professor Reid graduated from the University of Notre Dame Law School in 2001. Prior to law school, Ms. Reid studied in Madrid, Spain and received her Master’s in Spanish from Middlebury College. She received her undergraduate degree in Business and Spanish from the University of Notre Dame. Professor Reid is a member of the Florida bar and currently teaches Torts.

251 A copy of Professor Beverly’s CV is attached hereto as Exhibit 108. 252 A copy of Professor Zuber’s CV is attached hereto as Exhibit 56. 253 A copy of Professor Reid’s CV is attached hereto as Exhibit 109. Page 150 of 281

Professor Charles E. MacLean,254 Visiting Assistant Professor of Law, has extensive teaching and practical experience in the legal field. Over the past decade, he has taught adjunct courses in Criminal Law, Trial Advocacy, Civil Procedure, Legal Research/Writing, Constitutional Law, Mass Media Law, and Appellate Advocacy at universities in Minnesota; additionally, he has presented topics such as Evidentiary Rules, Race in Jury Selection, and Prosecutorial Ethics at various institutions.

Professor MacLean also has a long history of trial practice. He has represented clients in Minnesota since 1988 involving both criminal and civil issues and argued several cases in the Minnesota Supreme Court and the Minnesota Court of Appeals. Most recently, Professor MacLean was the chief prosecutor in Winona County, Minnesota. As chief attorney, he was responsible for prosecuting felony crimes, as well as misdemeanor offenses, for both adults and juveniles.

Professor MacLean currently teaches Lawyering Skills III and Academic Success III.

LIBRARIANS

David C. Walker,255 Faculty Services Librarian, formerly served as a reference librarian at the Charleston School of Law. He received his Master of Library and Information Science degree from Rutgers University School of Communication, Information and Library Studies and his J.D. degree from Rutgers School of Law in Camden, New Jersey. He worked for the Middlesex County Prosecutor's Office in New Brunswick, New Jersey, and the United States Department of Justice, Antitrust Division in Philadelphia, Pennsylvania, before clerking for the Honorable Deborah J. Venezia. Mr. Walker has additionally worked for the Archibald S. Alexander Library of Rutgers University and is a member of the New Jersey Bar. Mr. Walker currently teaches Lawyering Skills I.

Katherine Marsh,256 Information Services Librarian, earned her Juris Doctor from Mercer University in Macon, Georgia. She received her Master of Information Science degree and her undergraduate degree in political science from the University of Tennessee. Most recently, Ms. Marsh was Assistant Professor and Reference Librarian at the University of Tennessee College of Law, Knoxville, Tennessee. Ms. Marsh is a member of the American Bar Association (ABA) and the American Library Association (ALA). Ms. Marsh currently teaches Lawyering Skills I.

Joshua Pluta,257 Emerging Technology Librarian, formerly worked as a part-time instructor for Kaplan Test Prep and as a Claims Attorney for Fidelity National Title Group. Mr. Pluta earned his B.A. in Mathematics and History in 2002 and his J.D. with Distinction in 2007 from the University of Nebraska- Lincoln and his M.A. in Information Science and Learning Technologies from the University of Missouri-Columbia in 2008. Mr. Pluta has also worked at Schmid Law Library at the University of Nebraska-Lincoln, Klutznick Law Library at Creighton University, Criss Library at the University of Nebraska-Omaha, the Lancaster County (NE) Public Defender, and the Nebraska Commission on Public Advocacy. Mr. Pluta currently teaches Lawyering Skills I.

254 A copy of Professor MacLean’s CV is attached hereto as Exhibit 110. 255 A copy of Mr. Walker resume is attached hereto as Exhibit 45. 256 A copy of Ms. Marsh’s resume is attached hereto as Exhibit 43. 257 A copy of Mr. Pluta’s resume is attached hereto as Exhibit 39. Page 151 of 281

Ann Long,258 Technical Services and Circulation Librarian, has nearly twenty (20) years experience as a law librarian. During that time she has worked in the governmental setting at the Environmental Protection Agency (“EPA”), in the private sector at several large law firms, and in the academic setting as a librarian at the West Virginia University College of Law. Most recently, Ms. Long was the head librarian at Fellers, Snider, Blankenship, Bailey & Tippens, P.A., in Oklahoma City. She has written numerous articles and presented regionally and nationally on current trends in law libraries. She received her master's degree in library science from the Catholic University of America and her B.A. from Colorado College. Ms. Long does not currently teach in the academic program.

ADJUNCT FACULTY MEMBERS

Dean Laura S. Hash259 is the Dean of Students and adjunct professor of law. Prior to joining the DSOL, Dean Hash was a solo family law practitioner in Tennessee with a focus on child advocacy. Dean Hash was also a law clerk to the Honorable April Meldrum from 2007-2008. Prior to starting her own solo practice in Tennessee, Dean Hash worked with a small firm in Mississippi as a trial attorney doing mass tort defense litigation for a small paint company as well as other general litigation work. Dean Hash graduated from Queens College260 in 1999 with a B.A. in American Studies and a minor in music and graduated from Mississippi College School of Law in 2003 with a J.D. Dean Hash has published Sperm, Egg, and a Petri Dish: Unveiling the Underlying Property Issues Surrounding Cryopreserved Embryos, J. LEGAL MED. (2006). Dean Hash currently teaches Lawyering Skills III.

Dr. Anita Bergeson261 is an adjunct faculty member. Prior to joining the DSOL, Dr. Bergeson was a faculty member at Maryville College and William Woods University. She has previously and is currently teaching literature and writing-intensive courses at the University of Tennessee, Knoxville. A first- generation college student, Dr. Bergeson graduated summa cum laude with a BA in English and History- Political Science from Jamestown College in Jamestown, North Dakota. She earned M.A. and Ph.D. degrees from the University of Tennessee. Dr. Bergeson currently teaches writing skills in the Academic Success Program.

Mr. Matthew Lyon262 is an adjunct professor of law. He currently serves as the Senior Law Clerk to Justice Gary R. Wade of the Tennessee Supreme Court. Prior to working for Justice Wade, Professor Lyon was an associate at Sidley Austin LLP in Chicago. His practice focused on securities litigation, including both private class action suits and SEC enforcement actions; Mergers & Acquisitions/Directors & Officers litigation; and energy regulatory work for Illinois’ largest electric utility. Professor Lyon graduated cum laude from the Northwestern University School of Law, where he was co-champion of the school's internal moot court competition, a member of the National Moot Court Team, and the Coordinating Comment Editor of The Journal of Criminal Law and Criminology. Professor Lyon also has a Master of Public Administration degree from the Maxwell School of Citizenship and Public Affairs at Syracuse University and a Bachelor of Arts degree in Public Policy from the College of William and Mary. Prior to law school, he worked as a Social Science Analyst at the United States Department of Health and Human Services, focusing on welfare reform issues. Professor Lyon teaches Civil Procedure.

258 A copy of Ms. Long’s resume is attached hereto as Exhibit 41. 259 A copy of Dean Hash’s resume is attached hereto as Exhibit 47. 260 In the spring of 2002 the Queens Board of Trustees voted to change the institutional name from Queens College to Queens University of Charlotte with the official change occurring on June 1, 2002. 261 A copy of Dr. Bergeson’s CV is attached hereto as Exhibit 111. 262 A copy of Mr. Lyon’s resume is attached hereto as Exhibit 112. Page 152 of 281

Mr. William Brown263 is an adjunct professor of law. He has been an associate professor of law at Tulane University Law School, an assistant professor of law at Loyola Law School in New Orleans, and an Assistant Professor of Law at the University of Houston College of Law. He has taught contracts, corporations, business organizations, UCC courses, and criminal law and procedure. He has also taught legal research and writing at Boston University School of Law. He is a member of the Tennessee, Louisiana, and California bars and has practiced law in San Francisco, New Orleans, Memphis, and Knoxville.

Mr. Brown graduated from Harvard Law School (L.L.M.) and Tulane Law School (J.D.). At Tulane, he served as Editor-in-Chief of the Tulane Law Review, received the Order of the Coif, and was on the International moot court team. At Harvard, he participated in the student law teacher training program and wrote his thesis on constitutional law. Professor Brown currently teaches Academic Success I.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current Faculty is qualified and experienced. However, the Administration and Faculty do believe that the Faculty is currently weak on scholarship production. Furthermore, one of the primary mechanisms that is designed to enhance scholarly production is currently inoperative—the Faculty Mentoring Program.

Plan for Remediation:

The Administration and Faculty hereby charge the Retention and Promotion Committee with implementing the Faculty Mentoring Program in accordance with the Faculty Mentoring Handbook. Additionally, the Administration and Faculty charge the Faculty Development Committee with creating a professionalism series for Faculty that focuses on the production of scholarship. Finally, the Administration and Faculty charge the Retention and Promotion Committee with creating a plan for enhancing scholarship in the Faculty.

Timeline for Implementation:

As to the Faculty Development Committee, the Faculty Development Committee shall create a schedule of presenters for the spring 2011 term on or before February 1, 2011.

Timeline for Implementation:

(This timeline has not been voted on by the Faculty) As to the Retention and Promotion Committee, the Committee Chair shall assign each tenure-track faculty member a faculty mentor on or before February 1, 2011. The faculty mentors shall then distribute a copy of the Faculty Mentoring Handbook to their mentees no later than February 15, 2011. The faculty mentors shall additionally require that each mentee provide a scholarship production schedule to the faculty mentor no later than March 15, 2011. Each faculty mentor shall then forward copies of those production schedules to the Committee Chair on or before April 1, 2011.

263 A copy of Mr. Brown’s resume is attached hereto as Exhibit 113. Page 153 of 281

Date of Vote:

December 17, 2010

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Standard 402. SIZE OF FULL-TIME FACULTY (a) A law school shall have a sufficient number of full-time faculty to fulfill the requirements of the Standards and meet the goals of its educational program. The number of full-time faculty necessary depends on: (1) the size of the student body and the opportunity for students to meet individually with and consult faculty members; (2) the nature and scope of the educational program; and (3) the opportunities for the faculty adequately to fulfill teaching obligations, conduct scholarly research, and participate effectively in the governance of the law school and in service to the legal profession and the public. (b) A full-time faculty member is one whose primary professional employment is with the law school and who devotes substantially all working time during the academic year to the responsibilities described in Standard 404(a), and whose outside professional activities, if any, are limited to those that relate to major academic interests or enrich the faculty member’s capacity as a scholar and teacher, are of service to the legal profession and the public generally, and do not unduly interfere with one’s responsibility as a faculty member.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) currently has eleven (11) full-time faculty members, which includes three (3) Associate Deans and one (1) Visiting Assistant Professor of Law. The primary responsibility of all faculty members is teaching,264 and none of the full-time faculty members regularly engages in full-time practice or is otherwise employed full-time in an employment agreement outside of the DSOL.265 In addition to the above, the DSOL currently employs three (3) librarians who carry teaching responsibilities and four (4) adjuncts.

Each of the full-time faculty members has a dedicated office exclusively for his or her use. Furthermore, each of the full-time faculty members holds at least five (5) office hours per week.266 Finally, each full-time faculty member publishes his or her office phone number and email address on his or her syllabus.267

Each librarian at DSOL has a dedicated office exclusively for his or her use. Furthermore, each of the librarians holds at least at (3) office hours per week.268 Finally, each librarian publishes his or her office phone number and email address on his or her syllabus.269

The adjunct faculty members collectively have an office dedicated for their use. Furthermore, each of the adjuncts holds at least one (1) office hour per week.270 Finally, each adjunct publishes his or her office phone number and email address on his or her syllabus.271

In terms of enrollment, the DSOL currently enrolls fifty-three (53) full-time students and one hundred and three (104) part-time students.

264 See Exhibit 79, Section III.A.1. 265 See Exhibit 114. 266 See Exhibit 79, Section III.E. 267 See Exhibit 115. 268 See Exhibit 116. 269 See Exhibit 116. 270 See Exhibit 117. 271 See Exhibit 117. Page 155 of 281

Calculations for Student Enrollment

Total Number of Students Total Number of Full-time Total Number of Part-Time Students Students 157272 53 104

The DSOL is permitted to count each part-time student as a two-thirds (2/3) equivalent for purposes of calculating its student/faculty ratio.273

Total Part-Time Students Total Part-Time Students (Full-Time Equivalent) 104 68.64

Calculating the total full-time students along with the total part-time students (full-time equivalent) equals 121.64 enrolled students for the 2010–2011 academic term.

The DSOL is permitted to calculate its Dean and its Associate Deans as one-half (.5) the equivalent of a full-time faculty member.

Name Title Full-Time Equivalent Courses Taught Dean Sydney A. Dean and Professor of .5 None Beckman Law Dean Gordon R. Associate Dean, .5 Lawyering Skills I Russell Director of the Law (one section) (fall Library, and Professor 2010 only) of Law Academic Success Program IV (one section) (spring 2011 only) Dean April Meldrum Associate Dean for .5 Lawyering Skills Academics & Assistant III (one section) Professor of Law (fall 2010 only) Dean Jonathan A. Associate Dean of .5 Contracts I (two Marcantel Assessment & sections) (fall 2010 Assistant Professor of only) Law Contracts II (two sections) (spring 2011 only)

272 These calculations use the census date of October 1, 2010. 273 See Interpretation 402-1(2) (“For purposes of computing the student/faculty ratio, a student is considered full- time or part-time as determined by the school, provided that no student who is enrolled in fewer than ten credit hours in a term shall be considered a full-time student, and no student enrolled in more than 13 credit hours shall be considered a part-time student. A part-time student is counted as a two-thirds equivalent student.”). Page 156 of 281

The DSOL is permitted to calculate each of the following faculty members as the equivalent of one (1) full-time faculty member, as their responsibilities are primarily teaching.

Name Title Full-Time Equivalent Courses Taught Professor Sandra Associate Professor of 1 Civil Procedure I Ruffin Law (two sections) (fall 2010 only)

Civil Procedure II (two sections) (spring 2011 only) Professor Cheryl Associate Professor of 1 Criminal Law (one George Law section) (fall 2010 only)

Academic Success I (one section) (fall 2010 only)

Evidence (one section) (spring 2011 only)

Professor Charles Associate Professor of 1 Property I (two Lugosi Law sections) (fall 2010 only)

Property II (two sections) (spring 2011 only) Professor Bruce Assistant Professor of 1 Torts I (one Beverly Law section) (fall 2010 only)

Academic Success I (one section) (fall 2010 only)

Torts II (two sections) (spring 2011 only)

Page 157 of 281

Professor Heather Director of Lawyering 1 Lawyering Skills Zuber Skills, Director of III (one section) Academic Success, and (fall 2010 only) Assistant Professor of Law Academic Success I (one section) (fall 2010 only)

Lawyering Skills III (one section) (spring 2011 only)

Academic Success Program II (one section) (spring 2011 only) Professor Melanie Assistant Professor of 1 Torts I (one Reid Law section) (fall 2010 only)

Academic Success I (one section) (fall 2010 only)

Criminal Procedure (one section) (spring 2011 only) Professor Charles Visiting Assistant 1 Lawyering Skills MacLean Professor of Law III (one section) (fall 2010 only)

Academic Success Program III (one section) (fall 2010 only)

Academic Success Program II (one section) (spring 2011 only)

Lawyering Skills II (one section) (spring 2011 only)

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The DSOL additionally employs four (4) adjunct professors of law and three (3) full-time librarians who each are calculated as one-twentieth (.2) full-time equivalents.

Name Title Full-Time Equivalent Courses Taught Dean Laura Hash Dean of Students and .2 Lawyering Skills Adjunct Professor of III (one section) Law (fall 2010 only)

Lawyering Skills II (one section) (spring 2011 only) Mr. David Walker Information Services .2 Lawyering Skills I Librarian and Adjunct (one section) (fall Professor of Law 2010 only)

Lawyering Skills II (one section) (spring 2011 only) Ms. Katherine Marsh Faculty Services .2 Lawyering Skills I Librarian and Adjunct (one section) (fall Professor of Law 2010 only)

Academic Success Program II (one section) (spring 2011 only) Mr. Joshua Pluta Emerging Technologies .2 Lawyering Skills I Librarian and Adjunct (one section) (fall Professor of Law 2010 only)

Lawyering Skills II (one section) (spring 2011 only) Mr. Matt Lyon Adjunct Professor of .2 Civil Procedure I Law (one section) (fall 2010 only)

Civil Procedure II (one section) (spring 2011 only) Mr. William Brown Adjunct Professor of .2 Academic Success Law Program III (one section) (fall 2010 only) Dr. Anita Bergeson Adjunct 0 Tutoring

Page 159 of 281

Given the number of full-time faculty at the DSOL, the DSOL is only permitted to calculate a total of 1.6 of its deans, adjuncts, and librarians for purposes of Interpretation 402-1. This results in the following faculty portfolio:

Number of Full- Number of Total Total Full-Time Programmatic Time Faculty Calculable Full- Calculated Equivalent Student/Faculty Time Faculty Student Ratio Equivalents Enrollment 7 1.4 8.4 121.64 15:1274

As is indicated above, the DSOL presumptively complies with Interpretation 402-1.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current size of the Faculty is sufficient to serve the needs of the students and the academic program. Furthermore, the Administration anticipates hiring six (6) new faculty lines during the 2010-2011 Recruitment Year.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

274 The specific ratio is 14.48 students to one (1) faculty member. Page 160 of 281

Standard 403. INSTRUCTIONAL ROLE OF FACULTY (a) The full-time faculty shall teach the major portion of the law school’s curriculum, including substantially all of the first one-third of each student’s coursework. (b) A law school shall ensure effective teaching by all persons providing instruction to students. (c) A law school should include experienced practicing lawyers and judges as teaching resources to enrich the educational program. Appropriate use of practicing lawyers and judges as faculty requires that a law school shall provide them with orientation, guidance, monitoring, and evaluation.

(a) The full-time faculty shall teach the major portion of the law school’s curriculum, including substantially all of the first one-third of each student’s coursework.

Statement of Condition at Initial Review:

With the exception of Lawyering Skills classes and the Academic Success Program classes,275 the Duncan School of Law (“DSOL”) ordinarily prohibits adjuncts from teaching in the first-year program.276 Rather, absent extraordinary circumstances, only full-time faculty members are permitted to teach in the first-year program.277

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current policy of preferring full-time faculty to teach first-year required courses is appropriate. The Administration and Faculty do believe, however, that the DSOL should begin identifying local lawyers who could serve as adjuncts for upper- level required courses and electives.

Plan for Remediation:

The Associate Dean for Academics shall begin identifying potential adjuncts to teach upper-level elective courses.

Timeline for Implementation:

Both the Associate Dean for Academics and the Chair of the Diversity Committee shall report their progress at the February 2011 Strategic Planning Retreat.

275 In the fall 2010 term, all Lawyering Skills I classes were taught by full-time law librarians. Furthermore, three (3) of the four (4) sections of Lawyering Skills III classes were taught by full-time faculty members. The one (1) section of Lawyering Skills III that was not taught by a full-time faculty member was taught by the Dean of Students, a full-time administrative employee of the DSOL. In the spring of 2011, three (3) of the five (5) sections of Lawyering Skills II will be taught by adjunct professors. The adjunct professors, however, are all full-time employees at the DSOL. 276 See Exhibit 79, Section III.A.14. 277 See Exhibit 79, Section III.A.14. The DSOL does currently employ an adjunct professor, Matthew Lyon, to teach one (1) section of Civil Procedure. This adjunct was been hired for the fall 2010 and the spring 2011 terms and has been hired as a tenure-track faculty member beginning in the fall of 2011. Nevertheless, this situation shall not continue following the termination of this academic year. A copy of the adjunct’s resume is attached hereto as Exhibit 112. Page 161 of 281

Date of Vote(s):

October 1, 2010, and December 17, 2010

Page 162 of 281

(b) A law school shall ensure effective teaching by all persons providing instruction to students.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) maintains a number of mechanisms designed to ensure the effectiveness of instruction. First, each professor, whether full-time or adjunct, is reviewed and assessed as part of the promotion and/or retention process. Specifically, full-time faculty members are reviewed and assessed by the Dean as well as the Promotion and Retention Committee. And, adjunct faculty members are reviewed by the Associate Dean for Academics.278 Additionally, each professor at DSOL is reviewed by his/her students, and those assessments are also considered when the administration makes promotion and retention decisions.279 Furthermore, the DSOL Faculty has instituted a peer review process by which each professor must anonymously280 review at least three (3) of his/her colleagues, identify areas of strengths and weaknesses, and provide recommended remedies for improving his/her teaching.281 Moreover, the DSOL is currently collecting data to compare professor-specific outcomes within subject areas. Specifically, the DSOL requires each of its professors who teach the same subject to use at least fifteen (15) common TurningPoint questions in the course of every academic semester. Once three (3) years of data are collected, the DSOL will begin using the data to compare professor-specific outcomes. Finally, the DSOL holds a number of workshops for its faculty to improve instruction.282

In addition to the above, the DSOL has programs specially designed for new faculty members. For instance, the DSOL sends all faculty members who are new to teaching to the AALS New Teachers’ Conference, within eighteen months of their start date. Furthermore, the DSOL has a mentoring program specific to new faculty members.283

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current mechanisms are sufficient to ensure effective teaching at the DSOL. Nevertheless, the Administration and Faculty believe that the current assessment mechanisms do not provide a frame of reference for “what is good” teaching. As a means of attempting to find a median and/or mean of effective teaching—at least as rated by the students—the Administration has asked the Associate Dean for Assessment to begin compiling data regarding the average student responses for specific questions on the student evaluations.

278 A copy of the form used to evaluate faculty instruction is attached hereto as Exhibit 118. Copies of completed evaluation forms are available upon request. 279 Copies of completed student evaluations are available upon request. 280 The Associate Dean for Assessment is responsible for creating peer review assignments. Only the Associate Dean for Assessment is aware of which professors are paired with each other. When completed peer review forms are returned to the Office of the Associate Dean for Assessment, any information identifying the reviewer is removed prior to submitting the form to the reviewee. 281 A copy of the Peer Review form is attached hereto as Exhibit 80. Copies of select redacted completed peer review forms are attached hereto as Exhibit 119. 282 A list of faculty workshops is attached hereto as Exhibit 120. 283 See Exhibit 121. Page 163 of 281

Plan for Remediation:

The Associate Dean for Assessment shall create an assessment mechanism that generates a median and/or mean response for specific questions on the student evaluations. That information shall then be published to the Faculty after all grades for each semester are published.

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

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(c) A law school should include experienced practicing lawyers and judges as teaching resources to enrich the educational program. Appropriate use of practicing lawyers and judges as faculty requires that a law school shall provide them with orientation, guidance, monitoring, and evaluation.

Statement of Condition at Initial Review:

All faculty members of the Duncan School of Law (“DSOL”) have experience as practicing lawyers. And, the faculty has voted to include within the Strategic Plan a specific goal that requires the administration and the faculty to strive to hire only those applicants with, inter alia, legal practice experience.284

To date, the DSOL has used four (4) adjunct professors to teach in its Lawyering Skills department285—George Underwood, Bailey Perry, George Waters, and Dean Laura Hash. Mr. Underwood, Mr. Waters, and Dean Hash286 were all employed as full-time practicing attorneys at the time of their employment as adjunct faculty. Ms. Perry was, while employed by the DSOL, an Administrative Law Judge for the Tennessee Department of Human Services.

In addition to the above, the DSOL has also used two (2) adjunct faculty members to teach doctrinal courses—Civil Procedure and Criminal Law. In terms of Civil Procedure, Matthew Lyon, a law clerk with the Tennessee Supreme Court, teaches Civil Procedure to first-year law students.287 Mr. Lyon has accepted a position as a full-time faculty member with the DSOL that will begin July 1, 2011. In the meantime, however, he continues to share the unique insight that he has gained from his service with the Tennessee Supreme Court with the DSOL’s students. In terms of Criminal Law, Richard Gaines, a seasoned criminal law practitioner, taught second-year students Criminal Law in the summer of 2010.288 Gaines brought actual client experiences to the classroom and was able to marry the elements of law to its practical application.

Adjunct training for the practitioners was held in January 2010 by Associate Dean April C. Meldrum. Since that time, with only one (1) or two (2) new adjunct practitioners being hired at a time, Dean Meldrum has provided individual oversight and mentoring to each.

The DSOL has two former members of the judiciary as full-time faculty members. As to the first, Dean Sydney A. Beckman was an appointed Municipal Judge pro tempore for the City of Fort Worth, Texas,289 presiding over a variety of Class C misdemeanors and all criminal arraignments. He served in that capacity for three (3) years. Dean Beckman has taught

284 See Exhibit 73. 285 The DSOL has additionally used DSOL librarians to teach in its Lawyering Skills Program. However, because those DSOL librarians were not practicing lawyers at the time they were acting as adjunct professors, they are not discussed here. 286 Dean Hash was initially employed by the DSOL solely as an adjunct. During that period of time, she was an actively practicing lawyer. Since accepting her position as Dean of Students, Dean Hash has not actively practiced law, other than the activity necessary to close her law practice. 287 The Dean hired Mr. Lyon to teach Civil Procedure prior to the Faculty’s vote to generally prohibit adjuncts from teaching required courses. 288 The Associate Dean for Academics hired Mr. Gaines to teach Criminal Law prior to the Faculty vote to generally prohibit the use of adjuncts to teach required courses. 289 See Exhibit 26. Page 165 of 281

Evidence, Domestic Relations, and Technology & the Law prior to joining the DSOL and is expected to teach Evidence, Technology & the Law, and Civil Procedure.

As to the second, Associate Dean April C. Meldrum was elected as a Juvenile Court Judge and served in that capacity until she resigned to accept her position at the DSOL. Dean Meldrum heard a variety of cases involving child custody, child visitation, child support, and juvenile criminal issues. Dean Meldrum has taught Lawyering Skills II & III and will be teaching Juvenile Law, Domestic Relations and Professional Responsibility in the future.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL adequately involves practicing lawyers and judges in its current curricular program. However, the Faculty would like to see more practicing lawyers involved in the curriculum as the curriculum encompasses more upper-level electives. The Faculty is thus charging the Associate Dean for Academics to identify appropriate practicing lawyers who may be eligible to teach upper-level electives.

Plan for Remediation:

The Associate Dean for Academics shall identify appropriate practicing lawyers who may be eligible to teach upper-level electives.

Timeline for Implementation:

Summer 2012

Date of Vote(s):

October 1, 2010, and December 17, 2010

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Standard 404. RESPONSIBILITIES OF FULL-TIME FACULTY (a) A law school shall establish policies with respect to a full-time faculty member’s responsibilities in teaching, scholarship, service to the law school community, and professional activities outside the law school. The policies need not seek uniformity among faculty members, but should address: (1) Faculty teaching responsibilities, including carrying a fair share of the law school’s course offerings, preparing for classes, being available for student consultation, participating in academic advising, and creating an atmosphere in which students and faculty may voice opinions and exchange ideas; (2) Research and scholarship, and integrity in the conduct of scholarship, including appropriate use of student research assistants, acknowledgment of the contributions of others, and responsibility of faculty members to keep abreast of developments in their specialties; (3) Obligations to the law school and university community, including participation in the governance of the law school; (4) Obligations to the profession, including working with the practicing bar and judiciary to improve the profession; and (5) Obligations to the public, including participation in pro bono activities. (b) A law school shall evaluate periodically the extent to which each faculty member discharges her or his responsibilities under policies adopted pursuant to Standard 404(a).

(a) A law school shall establish policies with respect to a full-time faculty member’s responsibilities in teaching, scholarship, service to the law school community, and professional activities outside the law school. The policies need not seek uniformity among faculty members, but should address: (1) Faculty teaching responsibilities, including carrying a fair share of the law school’s course offerings, preparing for classes, being available for student consultation, participating in academic advising, and creating an atmosphere in which students and faculty may voice opinions and exchange ideas; (2) Research and scholarship, and integrity in the conduct of scholarship, including appropriate use of student research assistants, acknowledgment of the contributions of others, and responsibility of faculty members to keep abreast of developments in their specialties; (3) Obligations to the law school and university community, including participation in the governance of the law school; (4) Obligations to the profession, including working with the practicing bar and judiciary to improve the profession; and (5) Obligations to the public, including participation in pro bono activities.

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Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) Faculty Handbook provides policies with respect to a full- time faculty member’s responsibilities in teaching, scholarship, and service. 290 Specifically, the Faculty Handbook provides:

Section III: Responsibilities of the LMU-DSOL Faculty

A. Academic 1. The primary responsibility of the faculty is to provide high quality instruction;

2. Faculty shall recommend all candidates for degrees to the Dean;

3. Faculty shall participate in scholarly activities in accordance with Section VI (of the handbook);

4. Faculty must, except in extraordinary circumstances, use at least three interactive questions in each class period. As an example, an extraordinary circumstance would include select class periods where students were performing group exercises;

5. With the exception of the Lawyering Skills classes, all classes must administer mid-term and final examinations. In classes where the faculty member deems that a mid-term examination is not feasible or appropriate for the particular subject matter, the faculty member teaching the course may seek a waiver of this requirement from the Dean or the Associate Dean for Academics. The request for a waiver must be made in writing before the beginning of the term in which the course is to be taught;

6. All faculty must use grading rubrics as provided in this Handbook;

7. All faculty must include at least one writing assignment over the course of the academic semester. Written portions of midterm or final examinations do not meet this requirement;

8. All faculty must include at least one skills-based assignment over the course of the academic semester. Faculty are given great latitude in determining the type of skill-based assignment(s) but the assignment(s) must, either directly or indirectly, focus on some aspect of practicing law. Examples of skills-based assignments would include (but are not limited to) areas such as drafting skills, oral advocacy skills, research skills and/or alternative dispute resolution;

9. All faculty must maintain a TWEN page for each course they are teaching during the semester;

10. All faculty must adequately prepare for their classes and be available for student consultation;

11. All faculty must keep abreast of developments in their specialties;

12. All faculty must assist in the creation of an atmosphere in which students and faculty may voice opinions and exchange ideas; and

13. All faculty must record student attendance for each class session. The attendance must be reported to the Associate Dean for Academics pursuant to the schedule established by the Associate Dean.

290 A copy of the Faculty Handbook is attached as Exhibit 79. Page 168 of 281

B. Academic Collaboration In the fall of 2009, the faculty unanimously voted to support a program of academic collaboration. The agreement included the following procedures with a commitment to revisit the policy after the completion of two full academic years of implementation. As part of this program, all faculty members must comply with the following procedures:

1. Faculty members teaching the same subject matter during the same academic term: a. must collaboratively select and adopt the identical textbook or teaching materials. Note, this does not prohibit an individual faculty member from supplementing his or her class with additional (non-agreed) materials as long as those materials do not make up a majority of the materials used for the class and do not conflict with the terms of this Academic Collaboration policy in letter or in spirit; b. should collaborate in the creation of the syllabus such that the material covered is substantially the same between classes; c. should collaborate in the creation of the mid-term examinations such that each class administers an identical examination; and d. should collaborate in the creation of the final examination such that each class administers an identical examination.

C. Examinations 1. Format As a general matter, in non-writing and non-skills courses, a mid-term and a final exam will serve as the principal basis for evaluation of academic performance. Subject to the requirements herein, the examination format will be left to the discretion of each faculty member. Faculty will use traditional essay questions, multiple-choice or short answer questions, or a combination thereof. Except for take-home exams, examination rooms will be proctored.

2. Length For final examinations, professors will be encouraged to create an examination, the length of which will mirror the number of hours for the course. For example, a class worth three (3) credit hours will have a final exam which is three (3) clock hours in length. Accommodated students will receive additional time which complies with the University’s policy and the Americans with Disabilities Act.

3. Unless previously approved, in writing by the Associate Dean for Assessment, all exams must be graded in accordance with a grading rubric.

4. Review of Examinations Faculty members who have been teaching three years or less must have each Midterm and Final examination reviewed by a colleague prior to the administration of the exam. Colleagues, when available, are to be selected who have teaching experience in the same or similar subject matters. When such colleagues are not available, the faculty member should seek review from a colleague outside of the Law School who has teaching experience in the same or similar subject matter. When neither of these options is available due either to the inability to locate an appropriate colleague or due to time constraints or other appropriate reasons, then the Associate Dean for Assessment will select a faculty member to review the examination.

Faculty members who have been teaching for greater than three years but who are teaching a particular subject matter for the first time are encouraged to have each examination reviewed by a colleague prior to the administration of the exam.

5. Debriefing of Examinations All faculty administering Midterm examinations must hold a debriefing session with the students. This debriefing session must include a discussion of the correct answers to the examination and the reasons for those answers.

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6. Retention of Examinations Complete copies of all examinations administered must be provided to the Associate Dean for Assessment for archival purposes. These examinations may be reviewed by the Dean, the Associate Dean for Academics or any member of the central administration. These examinations will not be released to other persons without the prior consent of the faculty member creating the examination.

7. Assessment Midterm and Final Examinations As an additional form of assessment, all midterms and final examinations in Level 1000 courses shall have a number of multiple choice questions imbedded in the examinations which are selected and/or created by a committee whose charge includes this task. These questions and the students’ answers will be used to help objectively assess teaching effectiveness. For example, if using a significant data pool, 80% of Professors X, Y & Zs’ students correctly answer these imbedded questions and only 20% of Professor A’s students correctly answer these questions, then further investigation into the cause may be necessary. This will help, along with other tools, to identify whether the cause for poor performance is course content, teaching style, discrepancies in student strengths, and weaknesses among sections, etc.

Classes As an additional form of assessment, all classes with regularly scheduled meetings shall have at least fifteen multiple choice questions utilized throughout the term which are selected and/or created by a committee whose charge includes this task. These questions and the students’ answers will be used to help objectively assess teaching effectiveness. For example, if, using a significant data pool, 80% of Professors X, Y & Zs’ students correctly answer these imbedded questions and only 20% of Professor A’s students correctly answer these questions, then further investigation into the cause may be necessary. This will help, along with other tools, to identify whether the cause for poor performance is course content, teaching style, discrepancies in student strengths, and weaknesses among sections, etc.

8. Assessment Collaboration The faculty will, from time to time, gather their data from the electronic assessments taken from the embedded questions to help determine which, if any, students are demonstrating performance which would indicate they are at a higher risk of poor performance on mid-term and final exams. This assessment will permit early intervention to assist those students.

9. Matters Tested Professors are encouraged to either create final examinations which comprehensively test the subject matters taught over the course of the semester or, if appropriate, use the final examination in conjunction with the mid-term to comprehensively test those matters which are taught over the course of the semester.

10. Writing Courses For courses that fulfill the upper-level writing requirement, the supervising faculty member must require and review at least an outline, a completed rough draft and a final paper. The faculty member must meet individually with each student at least twice and provide individualized comment and guidance to the student both on person and in writing. A student must also complete a final draft of the paper.

11. Skills Courses In skills courses, such as trial advocacy, grades are based on the professor’s observation of student performance on tasks assigned during the semester. Additionally, faculty members may factor students’ class participation into the final grade calculation.

12. Rescheduling of Examinations

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Both permission for the rescheduling of an examination and the date for the taking of any rescheduled examination shall be set by the Associate Dean for Assessment or the Dean. Faculty members do not have the authority to permit students to reschedule examinations. This policy is designed to promote consistency between students.

D. Work Loads, Preparation, Pro Bono and Scheduling 1. Workloads The assigned workload for full-time faculty consists of a combination of teaching, advising, research/scholarship and institutional and/or public service.

The standard workload for faculty may include teaching up to three classes in a semester. This could include two sections of the same course and an elective or three sections of the same course. The precise teaching responsibility of each individual will be based on factors such as class size and the number of examinations, papers and other assignments that require grading and evaluation.

2. Preparation All faculty shall be properly prepared for each class session for the presentation of the material scheduled to be presented in such class session.

3. Pro Bono The faculty has adopted a requirement that all faculty complete at least ten hours of pro bono each year. This pro bono may include community service. This requirement shall begin in Fall 2011.

4. Scheduling

Teaching schedules will be determined by the Associate Dean for Academics. Faculty may be scheduled for day classes, evening classes or both. Classes will be scheduled Monday through Friday unless an extraordinary circumstance requires a Saturday course offering. Additionally, at the request of faculty electives may be offered on Saturdays.

E. Office Hours 1. Each faculty member shall maintain at least five (5) live (in-person) office hours each week and shall post these office hours on the faculty member’s syllabus and on his or her office door (where signs are designed for an office hour insert).

2. Each faculty member shall maintain at least three (3) online office hours each week using the software solution adopted by the School of Law. As of this writing, the currently adopted software solution is Windows Live Messenger. These office hours may be flexible and the faculty should utilize an effective method to inform the students when he or she is likely to be found online (i.e., indicating on the class syllabus and posting on TWEN).

3. Failure to comply with these office hour requirements in a given week because of obligations related to the Law School will not constitute a violation of this policy. (An example would be traveling as a moot court coach). Exceptions for reasons not contemplated by this policy may also be obtained from the Dean.

F. Academic Advising 1. Each faculty member (“Advisor”) shall be assigned students (“Advisees”) each year.

2. Each faculty member should read the Academic Advising Handbook.

3. Faculty members are required to advise assigned students as indicated in the DSOL Student Handbook, “Academic Advising.”

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G. Service 1. Faculty shall serve on committees as appointed by the Dean. Generally, appointments shall be made from year to year. Unless otherwise determined by the Dean, committee chairs shall serve for two-year appointments.

2. Faculty shall advise student organizations, as appropriate.

3. From time to time, faculty shall be appointed to committees which serve the University. In those instances, the faculty should strive to fully inform the Law School faculty as to their work on those committees, as appropriate.

4. The faculty, or a representative body of it, shall advise, consult and make recommendations to the appointing authority in the selection of a Dean.

H. Regulations and/or Policies 1. The faculty shall abide by all academic regulations and/or policies of the Duncan School of Law and Lincoln Memorial University.

I. Ethics 1. The faculty shall, at all times, be ethical in all of their dealings as related to their functions and responsibilities for the Law School and for Lincoln Memorial University.

J. Use of Technology The Law School has deployed technology intended to enhance the teaching and learning processes. In that vein, most classrooms are equipped with Smart software technology, class capture systems, document cameras, projection capability, and other tools implemented with this goal in mind. Faculty are encouraged to fully utilize technology in ways which will enhance their learning goals. Faculty are required, however, to comply with the following policies:

1. Class Capture In classrooms appropriately equipped, generally all classes should be captured using the then- current classroom technology. All faculty should familiarize themselves with operational procedures well in advance of the use of the technology.

In exceptional circumstances faculty may decide that certain classes (or portions of classes) would not be appropriate for capture. By way of example, in a class where the students were privately engaging in group exercises, the faculty may decide that there would be no value in capturing those exercises because each group could not, individually, be captured.

Faculty requiring assistance should contact the on-site Information Systems Technician or call the Help Desk at Extension 7411.

2. Interactive Technology Generally, all classes should utilize the interactive technology that has been adopted by the Law School. At a minimum, each class session must utilize three interactive questions.

This interactive technology should also be used to take class attendance. Faculty may also use traditional sign-in sheets or other appropriate methods to ensure documentation of class-session attendance.

3. Laptops in Classrooms DSOL issues laptops to each of its students. Laptops are encouraged as a tool to enhance learning, retention of material, research and other skills needed in the legal profession. In the event that a professor chooses to prohibit laptops in a class session or sessions, other policies regarding technology must still be followed. Therefore, the professor must implement procedures to comply

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with the requirement of the use of interactive technology. The professor may work with the Associate Dean of Assessment, the Associate Dean of Academics and the support personnel in the Information Services department to ensure compliance.

4. The West Education Network (TWEN) All faculty must maintain a TWEN page for each course they are teaching during the semester. Faculty requiring assistance should contact their library liaison or the Emerging Technologies Librarian.

5. Dry Erase Boards & Chalk Boards Dry erase boards and chalk boards have not been installed in classrooms. Neither of these tools provides adequate means to capture their content in a class capture environment. Additionally, chalk boards (and specifically chalk dust) pose a threat to the technology that is installed in the Law School. Therefore, the use of dry erase boards and chalk boards is prohibited.

K. Dress Code 1. While the Duncan School of Law does not have a specific dress code for faculty it is expected that faculty will, at all times, set an appropriate example for our students, faculty and colleagues. With this in mind, here are recommended guidelines: a. Don't be too revealing. Conservative dress is generally the better option. You don't want to have to think or worry about your clothes. You can't go wrong with "neat" and "professional." b. Avoid jeans and shorts.

2. Be aware of the fact that we never know who might show up for a visit, a tour or a meeting. Judges, dignitaries, members of the business community, prospective students and the like may show up at a moment’s notice.

Section IV: Committees and Their Functions

All faculty members are required to provide service to the School of Law, the University, and public. The Dean will assign faculty members to Law School committees in the summer preceding each academic year, and the Dean will nominate faculty for University or other external (e.g., SEALS) committees. Ad hoc committees will be created as necessary.

Law School Committees

Generally, committee chairs will be appointed for two-year terms. The following are standing committees:

1) Academic Integrity This committee shall be composed of members as set forth in the Student Handbook. The committee is charged with resolving issues of academic integrity in accordance with the policies and procedures as enumerated in the Student Handbook.

2) Academic Standards Committee This committee is charged with making recommendations to the faculty regarding academic standards including, but not limited to, the mandatory mean and mandatory distribution of grades. This committee is also charged with hearing student Petitions for Readmission after academic dismissal.

3) Accreditation Committee This committee will include the Associate Dean of Assessment as a member. This committee is charged with helping to ensure compliance with all standards as determined by relevant accrediting agencies. This committee shall also coordinate the development of all necessary documents as required for all relevant accrediting bodies.

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4) Admissions Committee This committee shall review all applications for admission to the Law School. The committee, in conjunction with the Dean, shall have the exclusive authority to admit, deny, or “wait list” student applicants to the Law School. For specific policies and procedures, see Admissions in Appendix C to this Handbook.

Neither the Admissions Committee nor the faculty shall preclude the admission of an applicant on the basis of race, color, religion, national origin, gender, sexual orientation, age or disability.

5) Curriculum Committee This committee shall include the Associate Dean for Academics as a member. This committee periodically reviews the curriculum to ensure that required courses and graduation requirements provide substantial instruction in the substantive law and comply with the standards of the American Bar Association. Proposals from this Committee shall be presented to the faculty. Changes in the curriculum must be approved by the Law School faculty (by a majority vote). Lincoln Memorial University’s academic program and curriculum approval process is centered on a comprehensive review of the following quality assurance parameters:

• Mission attainment • Disciplinary expertise • Faculty review • Academic rigor • Outcomes assessment and evaluation • Cyclical improvement • Strategic planning • Resource allocation • Facilities and equipment • Library and learning support • Technology provision • Program coherence • Enrollment potential • Accreditation standards, including substantive change requirements

In order to promote and ensure academic quality, all academic program and curricular proposals follow a step-by-step progression to implementation:

1. The Curriculum Committee develops the proposal. 2. The proposal is presented to the faculty for discussion, consideration and a vote. 3. The Dean reviews the recommended curricular change and may approve or reject the change. 4. Representing the School of Law, the Dean provides notice of the changes to the Academic Council. Approved new courses are recorded by the University Registrar.

6) Diversity This committee shall facilitate or conduct symposia, presentations, and/or seminars involving diversity and its importance in our society and/or the law. The focus of these symposia, presentations, and/or seminars should be on diverse ethnicities, racial backgrounds, religious beliefs, sexual orientations, cultural heritages, or socio-economic backgrounds.

7) Externship Committee This committee is charged with ensuring that the Law School’s externship program: a. provides exposure to the actual workings of the legal system under the guidance of an experienced attorney; b. provides research and writing opportunities in an actual case setting; c. introduces students to the ethical concerns and issues of professionalism that arises in actual case settings;

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d. provides opportunities for enhancing professional communication skills; and e. builds skills in reflecting on the practice of law and in using those reflections as tools for professional development.

8) Faculty Development This committee shall conduct colloquia, symposia, presentations, and/or seminars involving areas which will positively impact our faculty with regard to teaching, scholarship and service. The focus of these colloquia, symposia, presentations, and/or seminars should be on improving teaching, advancements in understanding teaching and learning, creating and having published relevant scholarship and how to become involved in effective service to the bench, bar and community.

9) Faculty Recruitment This committee is charged with coordinating the recruitment efforts of full-time faculty members including interviewing, recommendations for on-campus interviews and presentations.

10) Library Committee This committee will consist, in part, of the Director of the Law Library and select librarians. This committee will make recommendations as to the vision and development of the library collection and implementation of the library’s interface.

11) Promotion and Retention Committee This committee shall consist of all faculty members who are on tenured or who are on presumptively renewable long-term contracts. This committee shall make recommendations to the Dean as to promotion and retention of faculty. See Section V for procedures.

12) Scholarship This committee shall make recommendations as to the award of certain designated scholarship funds to students.

13) Strategic Planning Committee This committee will organize and coordinate the annual strategic plan for the Law School. The committee shall also ensure that the Law School’s Strategic Plan integrates with the Strategic Plan of the University.

University Committees From time to time, faculty shall be appointed to committees which serve the University. In those instances, the faculty should strive to fully inform the Law School faculty as to their work on those committees (as appropriate).

Pro Bono Requirement In 2010 the faculty voted to implement a specific policy regarding pro bono/public service requirements. Each faculty member must engage in at least 10 hours of pro bono and/or public service requirements each year. This requirement begins in the fall of 2011.

Section VI: Scholarship Expectations

Faculty Scholarship Expectation

As a Level V institution, LMU’s faculty duties, responsibilities and reward systems support the trilogy of teaching, scholarship and service. Consequently, the Law School and the University will consider faculty development, workload allocation, merit pay and promotion processes, which offer incentives for scholarly activities and achievements and promote faculty scholarship productivity.

Scholarship Defined

At Lincoln Memorial University scholarly activity is valued, both in itself and as it promotes student learning. In addition to traditional law review articles, scholarship may embrace applicable references of Dr. Ernest Boyer’s

Page 175 of 281 taxonomy of scholarship (Scholarship Reconsidered, 1990). Also, as indicated by the findings of the Carnegie Academy for the Scholarship of Teaching and Learning (Hutchings, Babb & Bjork, 2002), LMU believes that the scholarship of teaching and learning should be various, reflecting the wide variety of forms and methods and genres that emerge. Whatever the emphasis, scholarship produces a record and a body of work marked by a rigor and responsiveness which seeks to understand and improve learning; it is marked also by a willingness to question. Such scholarship involves individual and collaborative inquiry and creativity as well as the exchange of ideas, research, and findings from within and beyond the University community.

Scholarship Expectations

Faculty should publish scholarship on a regular basis. At a minimum, for an award of tenure, faculty should have published (while employed at LMU-DSOL) at least two substantial scholarly works and have substantially completed at least one additional work. Substantial completion shall mean a completed rough draft.

Faculty should also demonstrate evidence of internal motivation and capacity for the continued production of scholarship.

For lateral hires, credit for scholarship produced while not employed at LMU-DSOL may be granted at the discretion of the Dean. Any such credit must be reflected in the employment contract.

Summer Research Stipends Each year the LMU Board of Trustees must approve the budget for the Duncan School of Law. Currently, summer research stipends have been approved for the fiscal year 2010-2011. It is anticipated that summer stipends will be available each summer.

To be eligible for a summer research stipend, a full-time faculty member must present a proposal for a scholarly writing project no later than May 15th before the summer for which the stipend is requested. Accepted projects will be granted a stipend which will be paid out in accordance with the following time table:

July 50% of the approved stipend amount August 50% of the approved stipend amount

Once approved for a summer research stipend, the faculty member will not be eligible for an additional stipend until the project for which he or she was previously approved is accepted for publication. In the event that the faculty member abandons the project or it is otherwise not accepted for publication, the faculty member may seek approval of a different project which, if ultimately accepted for publication will be substituted for the original project. Subsequently, the faculty member will then be eligible for another research stipend.

A faculty member will not be eligible for more than one research stipend at a time and no more than one each summer.

A faculty member who receives a summer teaching stipend will not be eligible for a summer research stipend at the same time.

Research Assistants

Research Assistants are available to faculty members for assistance with their scholarship needs. The DSOL Library has created a Research Assistant Pool, whereby qualified student applicants are hired and trained to provide research for faculty members on an as-needed basis. Research assistants are assigned to individual faculty research projects by the Faculty Services Librarian or the Information Services Librarian.

At the beginning of new faculty research projects, a research assistant and a librarian will meet with the faculty member to determine the faculty member’s information needs. The research assistants then perform research under the supervision of the Faculty Services Librarian. Faculty may then communicate with research assistants directly for further research regarding their project or may contact one of the librarians to direct research assistants to the faculty’s research needs.

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The Research Assistant Pool was formed in the Spring of 2010 by the Information Services Librarian who hired, trained and supervised the research assistants. As of August 2010, the Faculty Services Librarian has been charged with managing the Research Assistant pool. To qualify as a research assistant, students must have received a B or higher in Lawyering Skills I and maintain a GPA of 3.0.

No individual research assistant may work more than a total of 20 hours per week.

Research Assistants are to help the faculty with scholarly research, not with class preparation or other course work.

Integrity of Scholarship

Faculty must, at all times, exhibit the highest level of integrity in their scholarly activities including appropriately acknowledging the contribution or contributions of others.

Scholarly Article Reprints

Faculty members are encouraged to post their scholarly articles on SSRN in order to facilitate distribution. In addition, faculty members may request from the Dean funds to pay for reprints of their scholarly articles in order to distribute them more widely.

Submission of Scholarly Works

DSOL subscribes to the ExpressO service. This service is designed to manage the entire manuscript submission process through an online delivery mechanism. DSOL librarians can assist faculty members in using the ExpressO service. ExpressO will permit you to identify law reviews to which to submit your article. It will also let you manage and track your submissions and request expedited reviews and withdraw requests. Faculty are not required to use ExpressO nor are they limited to that service for submissions.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL currently possesses appropriate standards and policies with respect to a faculty member’s responsibilities in teaching, scholarship, and service.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

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(b) A law school shall evaluate periodically the extent to which each faculty member discharges her or his responsibilities under policies adopted pursuant to Standard 404(a).

Statement of Condition at Initial Review:

Each faculty member is evaluated annually. The procedure for the evaluation is detailed in the Faculty Handbook and is as follows:

Recommendations and decisions on matters of faculty status and assignments, which include reappointment, promotion, conferral of tenure and teaching assignments, are based in large measure on Annual Evaluations. All faculty, including those with Tenure status, shall be evaluated annually. The faculty’s role in these recommendations and decisions is based upon the essentiality of its judgment to sound educational policy, and upon the fact that scholars in a particular field have the chief competence for judging the work of their colleagues.

Annual Evaluations must give an honest assessment of a faculty member’s performance so that progress toward promotion, retention and tenure goals can be directed and measured. Teaching, scholarship, and service will be specifically evaluated. Other considerations related to character, mission orientation, collegiality and teamwork will be noted when exemplary or substantially deficient.

1. Procedure

A. Faculty Member’s Role

Each faculty member will annually prepare an Assessment Portfolio. This will require an update of the CV, compilation of teaching and student evaluations and any responses to evaluations and the faculty member’s Annual Report, Self-Assessment, and Development Plan. The completed Portfolio is to be submitted to the Chair of the Promotion and Retention Committee no later than January 15th of each year.

When Tenure is sought, the faculty member will prepare a Tenure Portfolio. This Tenure Portfolio shall be submitted to the Chair of the Tenure Committee no later than January 15th of the Calendar year in which Tenure is sought.

B. Tenure Committee

When Tenure is sought, the Tenure Committee shall review each faculty member’s Tenure Portfolio and prepare comments and recommendations based on the Portfolio, and other relevant information including drafts and publications of articles and books, final examinations with grading criteria/rubrics and personal observations. The Tenure Portfolio with comments and recommendations shall be forwarded to the Dean no later than February 15th of the Calendar year in which Tenure is sought.

C. Promotion and Retention Committee

The Promotion and Retention Committee shall review each faculty member’s annual Assessment Portfolio and prepare comments and recommendations based on the Portfolio and other relevant information including drafts and publications of articles and books, final examinations with grading criteria/rubrics and personal observations. The portfolio with comments and recommendations shall be forwarded to the Dean no later than February 15th.

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D. Dean of the School of Law

The Dean reviews the Portfolio and may consider any information and input that the Promotion and Retention Committee may consider. The Dean may adopt the Promotion and Retention Committee’s comments and recommendations in whole or in part. The Dean will then personally review the evaluation with the faculty member. The faculty member shall be afforded reasonable time to read the Dean’s comments and recommendations before they are placed in the Portfolio and be given an opportunity to respond to them orally or in writing. Based on that response, the Dean may alter the Comments and Recommendations and place a response to it in the Portfolio no later than December 15th.

When Tenure is sought, the Dean reviews the Tenure Portfolio and may consider any information and input that the Tenure Committee may consider. The Dean may adopt the Tenure Committee’s comments and recommendations in whole or in part. The Dean will then personally review the evaluation with the faculty member before forwarding the Tenure Portfolio to the President. The faculty member shall be afforded reasonable time to read the Dean’s comments and recommendations before they are placed in the Tenure Portfolio and be given an opportunity to respond to them orally or in writing. Based on that response the Dean may alter the Comments and Recommendations, place a response to it in the Portfolio, or simply forward the portfolio to the President without response or change.

E. The President

The Role of the President is not to provide a review of the Dean’s comments and recommendations in the same manner that the Dean reviews the Tenure Committee’s or the Promotion and Retentions Committee’s comments and recommendations. Only in exceptional cases will the President make significant substantive comments. The President will send a copy to the Dean and return the original to the faculty member. The President shall have the right to present any comments to the Board for their review.

F. Performance Rating for Annual Review

The standard performance rating for annual reviews shall be established in the Duncan School of Law. Each committee member reviewing said faculty member will have included and respond to each of the following which apply:

1. Exceeds Expectations for Rank – eligible for significant merit pay or performance-based salary adjustment that is consistent with campus, college, and department fiscal situations;

2. Meets Expectations for Rank – eligible for minimum merit pay or performance- based salary adjustment that is consistent with campus, college, and department fiscal situation;

3. Needs Improvement for Rank – not eligible for merit pay or performance-based salary adjustment and required to implement an Annual Review Improvement Plan.

4. Unsatisfactory for Rank – not eligible for any salary adjustment and required to implement an Annual Review Improvement Plan.

Within thirty (30) days of any annual review, any faculty member rated Needs Improvement for Rank or Unsatisfactory for Rank must collaborate with the Dean of the Law School on a plan for improvement. The next year’s annual

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review must include progress reports that clearly describe improvements in any area. The Dean is required to insure that said reports are included within the faculty member’s file.

Failure to Comply – the obtaining of a Needs Improvement for Rank or Unsatisfactory for Rank in two (2) out of three (3) years of review requires a review to determine whether or not said individual faculty member should be allowed to retain their position. A negative decision will result in termination of said faculty member.

G. Portfolios Annual Assessment Portfolio

The Annual Assessment Portfolio will consist of the following parts: 1) Table of Contents; 2) Current Curriculum Vita; 3) All evaluations of Teaching Effectiveness (both peer and student); 4) Faculty Member’s Self-Evaluation and Annual Report; and 5) Signature Page

Tenure Portfolio

The Tenure Portfolio will consist of the following parts:

1) Table of Contents; 2) The Contents of all previous annual Assessment Portfolios created at the Duncan School of Law; 3) Current Curriculum Vita; 4) All evaluations of Teaching Effectiveness (both peer and student) which have been produced since the last annual Assessment Portfolio; 5) A recent Faculty Member’s Self-Evaluation and Annual Report created since the last annual report; 6) A current Performance Rating; 7) Any additional information that the faculty member deems relevant to the issue of tenure; and 8) Signature Page

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL adequately reviews faculty members.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

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Standard 405. PROFESSIONAL ENVIRONMENT (a) A law school shall establish and maintain conditions adequate to attract and retain a competent faculty. (b) A law school shall have an established and announced policy with respect to academic freedom and tenure of which Appendix 1 herein is an example but is not obligatory. (c) A law school shall afford to full-time clinical faculty members a form of security of position reasonably similar to tenure, and non-compensatory perquisites reasonably similar to those provided other full-time faculty members. A law school may require these faculty members to meet standards and obligations reasonably similar to those required of other full-time faculty members. However, this Standard does not preclude a limited number of fixed, short-term appointments in a clinical program predominantly staffed by full-time faculty members, or in an experimental program of limited duration. (d) A law school shall afford legal writing teachers such security of position and other rights and privileges of faculty membership as may be necessary to (1) attract and retain a faculty that is well qualified to provide legal writing instruction as required by Standard 302(a)(3), and (2) safeguard academic freedom.

(a) A law school shall establish and maintain conditions adequate to attract and retain a competent faculty.

Statement of Condition at Initial Review:

The Lincoln Memorial University (“University”) and the Duncan School of Law (“DSOL”) have established and maintain conditions adequately designed to attract and maintain a competent faculty. As to the University, the University provides a wide range of services and benefits to attract and maintain competent faculty. Initially, while respecting the processes for faculty recruitment and selection specific to the DSOL, the University’s Office of Human Resources assists the DSOL by: advertising open positions; processing the paperwork necessary for employment, payroll, and benefit participation purposes; providing orientation information to new employees, and training all new faculty members. In addition, the University provides the following benefits to all faculty members:

1. University Tuition Benefit: To attract and retain faculty and staff of good character, high standards, and academic excellence, the University offers financial assistance to the employee, his/her spouse, and his/her IRS dependent(s) in the form of a University tuition benefit. Full-time personnel eligible for benefits are granted the tuition benefit for themselves, their spouse, and/or their IRS dependent children or dependent stepchildren. 2. J. Frank White Academy Tuition Benefit: the University offers a tuition discount to regular full-time employees’ dependent children who are attending or who have been accepted for admission to the J. Frank White Academy. Full-time personnel eligible for benefits are granted the tuition discount for their IRS dependent children or dependent step-children as shown on the IRS tax return. Six (6) months of full-time University employment prior to the start of the JFWA school year is required for eligibility for the tuition discount. 3. Tuition Exchange Programs: the University participates in the Council of Independent Colleges (CIC) Tuition Exchange Program and The Tuition Exchange, Inc. These programs allow the spouse or dependent of the University’s full-time employees to receive tuition benefit at a participating college or university. The CIC Tuition Exchange Program (CIC-TEP) is a network of nearly 380 CIC colleges and universities willing to accept, tuition-free, students from families of full-time employees of other CIC-TEP institutions. The Tuition Exchange is a reciprocal scholarship program for children and

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other family members of faculty and staff employed at over 600 participating institutions. As a non-profit association, The Tuition Exchange, Inc. serves higher education by making careers at colleges and universities more attractive. 4. Insurance: the University offers employees a full range of insurance benefits, including: A. Medical: BlueCross Blue Shield of Tennessee is the University’s medical insurance provider. The medical insurance plan utilizes a Preferred Provider Organization (PPO), but under the PPO employees have the flexibility to choose a physician or facility hat is either in-network or out of the network. B. Dental: University employees have the choice of two dental plans, the Core and Buy-Up Current Plans. Both are offered by Guardian and both use the DentalGuard Preferred Network. C. Vision: the University provides access to a voluntary vision plan through Comp-Benefits Company, a division of Humana. The plan covers both routine eye care, including eye exams and eyeglasses and contacts. D. Life: the University provides Basic Life/Accidental Death and Dismemberment (AD&D) insurance through Sun Life Financial which is provided at no cost to the employee. The amount of basic life insurance that is provided by the University is $15,000. LMU also provides employees with accesses to Term Life Insurance through Sun Life Financial on a voluntary basis with variable increments of coverage. E. Long-Term Disability: the University provides all employees with Long-Term Disability insurance to protect income in case of a long-term injury or illness. The long-term disability policy is through Mutual of Omaha. F. Additional Voluntary Insurance Options: the University provides employees access to the following insurance plans- Long-Term Care Insurance through Trinity Benefit Advisors Short-Term Disability Insurance through Colonial Life Insurance Accident Insurance through Colonial Life Insurance Cancer Insurance through Colonial Life Insurance Critical Illness Insurance through Colonial Life Insurance 5. Flexible Spending Account: the University offers employees the option to defer money on a pre-tax basis for use on approved medical expenses and dependent care expenses. 6. Section 125 Premium Conversion Plan: the plan reduces taxable income by applying pre-tax deductions to cover selected benefit costs, thus reducing tax obligations. 7. Retirement: the University offers a 403(b) retirement plan to all eligible full-time employees. The 403(b) plan is through the Teachers Insurance and Annuity Association (TIAA) and its companion organization, College Retirement Equities Fund (CREF). TIAA provides traditional annuity, while CREF provide variable annuities. There are actually two plans, a Defined Retirement Contribution Plan (LMU contributes) and a Supplemental Retirement Account (SRA) (employee contributes). 8. Employee Assistance Program: Eligible employees can participate in Work-LifeMatters, offered through Guardian Life Insurance and provided by Integrated Behavioral Health, Inc. Work-LifeMatters is a confidential support service that provides resources access to resources and solutions to problems of daily living in order to enhance the quality of life for the employee and his/her family.

As to the DSOL, the DSOL provides a wide array of benefits to attract and maintain competent faculty. First, the DSOL makes summer research and teaching stipends available to faculty members. In terms of the former, all DSOL faculty are eligible for a summer research stipend in the amount of $8,500.00 once per academic year. To remain eligible for the stipend, faculty members who accept the research stipend must produce a piece of scholarship. In terms of the latter, all DSOL faculty are eligible for a summer teaching stipend in the amount of $12,000.00 once per academic year. In addition, the DSOL provides each faculty member a professional development budget of $1,500.00. Furthermore, and notwithstanding the limitations of the

Page 182 of 281 professional development budgets, the Dean of the DSOL has committed to attempt to fund travel expenses for any faculty member who acquires a speaking invitation. Moreover, the DSOL provides each faculty member access to a pool of research assistants to assist in their scholarship needs. Finally, the DSOL provides free access to ExpressO for all faculty and staff members.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current benefits package is sufficient to attract and maintain competent faculty. However, the Faculty does believe that the University should provide additional professional development funds to reimburse costs associated with maintaining a law license and for continuing legal and academic education.

Plan for Remediation:

The Dean shall seek authority in the 2011–2012 budget cycle to reimburse reasonable expenses associated with maintaining a law license.

Timeline for Implementation:

2011–2012 budget cycle

Date of Vote:

December 17, 2010

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(b) A law school shall have an established and announced policy with respect to academic freedom and tenure of which Appendix 1 herein is an example but is not obligatory.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) has an established Academic Freedom Policy which is published in appropriate institutional documents, including the DSOL Faculty Handbook.291

In terms of tenure, effective March 1, 1976, the Lincoln Memorial University (“University”) ceased granting Faculty Tenure and instituted the Multi-year Appointment system. All full-time faculty members, including clinical and legal writing faculty, at DSOL are eligible for one of the following types of appointment:

1. One-year appointment 2. Three-year appointment 3. Five-year appointment 4. Five-year presumptively renewable appointment

These classifications do not include, and are not meant to exclude, classifications such as Visiting and Adjunct appointments.

The normal sequence of appointments for the DSOL is three (3) one-year appointments and one (1) three-year appointment prior to the granting of a five-year presumptively renewable appointment.

Assessment by the Administration and Faculty:

The Faculty believes the University policy should be altered to provide tenure to the Dean and the opportunity for tenure for the Faculty.

Plan for Remediation:

The Dean shall develop and propose a Tenure Policy to the Board of Trustees, the President, and the Vice President for Academic Affairs. (Approved: February 9, 2010)

291 See Exhibit 79, Section VI. Page 184 of 281

Evaluation of Progress:

The Dean shall propose a policy for the development of a Tenure Policy no later than October 1, 2010. (Approved: February 9, 2010)

Further Evaluation of Progress:

As of August 9, 2010, the Dean had developed a proposed Tenure Policy and forwarded the proposal to the President, and the Vice President for Academic Affairs, and the Executive Committee of the Board of Trustees.292 The Dean reports that he anticipates a vote on the proposal on or before December 15, 2010. (Approved: September 17, 2010)

Further Evaluation of Progress:

On November 16, 2010, the Board of Trustees voted to adopt a tenure policy for the DSOL.293 Both the Dean and the Associate Dean and Director of the Law Library intend to apply for tenure on or before the May 2011. (Approved: December 17, 2010) A copy of the DSOL Tenure Policy is attached hereto as Exhibit 167.

292 A copy of the proposal is attached hereto as Exhibit 82. 293 See Exhibit 83. Page 185 of 281

(c) A law school shall afford to full-time clinical faculty members a form of security of position reasonably similar to tenure, and non-compensatory perquisites reasonably similar to those provided other full-time faculty members. A law school may require these faculty members to meet standards and obligations reasonably similar to those required of other full-time faculty members. However, this Standard does not preclude a limited number of fixed, short-term appointments in a clinical program predominantly staffed by full-time faculty members, or in an experimental program of limited duration.

(d) A law school shall afford legal writing teachers such security of position and other rights and privileges of faculty membership as may be necessary to (1) attract and retain a faculty that is well qualified to provide legal writing instruction as required by Standard 302(a)(3), and (2) safeguard academic freedom.

Statement of Condition at Initial Review:

As to (c) the Duncan School of Law (“DSOL”) does not currently employ any clinical professors.

As to (d) DSOL affords full-time legal writing professors the same security of position and other rights and privileges of faculty membership available to other full-time faculty members. The Faculty believes full-time legal writing professors should be eligible for tenure. (Approved: August 20, 2010)

Plan for Remediation:

The Dean shall develop and propose a Tenure Policy to the Board of Trustees, the President, and the Vice President for Academic Affairs. (Approved: February 9, 2010)

Evaluation of Progress:

The Dean shall propose a policy for the development of a Tenure Policy no later than October 1, 2010. (Approved: March 22, 2010)

Further Evaluation of Progress:

As of August 9, 2010, the Dean had developed a proposed Tenure Policy and forwarded the proposal to the President, the Vice President for Academic Affairs, and the Executive Committee of the Board of Trustees.294 The Dean reports that he anticipates a vote on the proposal on or before December 15, 2010. (Approved: September 17, 2010)

Further Evaluation of Progress:

On November 16, 2010, the Board of Trustees voted to adopt the tenure policy for the DSOL.295 Both the Dean and the Associate Dean and Director of the Law Library intend to apply for tenure on or before the May 2011. (Approved: December 17, 2010) A copy of the DSOL Tenure Policy is attached hereto as Exhibit 167.

294 A copy of the proposal is attached hereto as Exhibit 82. 295 See Exhibit 83. Page 186 of 281

IX. ADMISSIONS & STUDENT SERVICES

Standard 501. ADMISSIONS (a) A law school shall maintain sound admission policies and practices, consistent with the objectives of its educational program and the resources available for implementing those objectives. (b) A law school shall not admit applicants who do not appear capable of satisfactorily completing its educational program and being admitted to the bar.

(a) A law school shall maintain sound admission policies and practices, consistent with the objectives of its educational program and the resources available for implementing those objectives.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) Admissions policies are published on the DSOL Website296 and in the DSOL Student Handbook and Catalog.297 Admissions standards support the DSOL Mission Statement and are aligned with Lincoln Memorial University’s Mission Statement. Candidates for admission to the DSOL must have an earned baccalaureate degree and must take the Law School Admissions Test (“LSAT”) to demonstrate their ability to be successful in the program of legal education. Applicants are required to register with the Law School Credential Assembly Service.

Two (2) letters of reference and a current resume are required of each applicant for admission. The application form,298 requires applicants to include a statement addressing their future goals related to obtaining a legal education in relation to their career aspirations.

The DSOL Admissions Committee and Dean (“the Committee”) have exclusive authority to admit, deny, or wait-list student applicants. The following is the procedure for administering the admissions process.

Student applications are initially received by the Director of Admissions (“the Director”). The Director reviews the application and makes a preliminary assessment of whether the applicant meets the DSOL’s admissions requirements. When the Director assesses the application and makes an initial determination, the Director forwards the completed application, along with that determination to the Committee.

The Committee is appointed by the Dean and consists of three faculty members—the Chair and two associate members. When the application is submitted to the Committee, the two associate members shall review the application. If both associate members agree on whether to admit, deny, or wait-list an applicant, that decision is final and unappealable. If the two associate members disagree, the Chair reviews the application and breaks the tie. If the Chair’s vote, when combined with an associate member’s vote, achieves a majority, the decision is final and

296 Duncan School of Law Admissions, at http://www.lmunet.edu/law/admissions/index.shtml (last visited September 12, 2010). 297 See Exhibit 86, Section VI. 298 The application form is attached hereto as Exhibit 122. Page 187 of 281 unappealable. If a majority of the Committee votes to deny admission, no further process shall exist. This decision shall be the final disposition on the application (“the Final Action”).

If the Chair does not agree with either associate member of the Committee on the disposition, thus failing to garner a majority vote, then the Committee shall convene and attempt to reach a majority consensus (“the Consensus Meeting”). Once a Consensus Meeting is convened, each member of the Committee shall cast a vote to admit, deny, or wait-list the applicant; no member may cast a vote for “no action” once a Consensus Meeting is convened. If the Committee reaches a majority consensus, the decision is final and unappealable. If, however, the Committee cannot achieve a majority consensus following the Consensus Meeting, the respective decisions of the Committee’s members are forwarded to the Dean. The Dean shall then cast the deciding vote, and that vote shall become the Final Action.

If the Committee achieves a majority consensus to admit or wait-list an applicant, the Chair sends the application to the Dean for approval. The Dean may accept or reject the Committee’s decision. If the Dean agrees with the Committee’s decision, then the decision becomes the Final Action. If the Dean does not agree with the Committee’s decision, then the following process shall be used:

If the Committee votes to admit a student and the Dean votes to wait-list a student, the student shall be placed on the wait-list. This shall become the Final Action. If the Committee votes to wait-list a student and the Dean votes to admit a student, the student shall be placed on the wait-list. This shall become the Final Action. If the Committee votes to admit a student and the Dean votes to reject a student, the student shall be rejected. The Dean’s decision in this event will become the Final Action.

If the Final Action is to wait-list an applicant, the Director shall alert the applicant that he/she has been waitlisted. Thereafter, the Director shall create a file of wait-listed applicants. As openings in the class become available, the Director shall alert the Committee and Dean; the Committee and Dean shall then rank the waitlisted applicants to determine the order of admission.

Consistent with its Mission, the DSOL focuses recruitment efforts on eastern Tennessee and the surrounding southern Appalachian region.299 The DSOL seeks to recruit applicants who have a desire to serve underserved populations and areas within this region. Applicants who have demonstrated—through a rigorous undergraduate program of study, competitive LSAT scores, experience related to the legal profession, community service, high ethical standards, and career aspirations that match the Mission and purpose of the DSOL—that they possess those qualities and characteristics which will enable them to achieve success in law school and the legal profession, will be selected for admission. Applicants who do not appear to meet these standards will not be selected for admission. The focus of this decision-making process will be academic strength, evidence of moral character, and potential for future success on the bar exam. In most circumstances, no one piece of evidence presented by an applicant will, in and of itself, determine whether the student will be extended an offer of admission. The decision to extend an offer of admission will be based on the totality of the application materials presented by the applicant to the Committee.

299 For a complete list of targeted demographic areas, see Exhibit 123. Page 188 of 281

Assessment by Administration and Faculty:

The Administration and Faculty believe the current admissions process is effective and adequate.

Plan for Remediation:

Not applicable

Evaluation of Progress:

Not applicable

Date of Vote(s):

September 17, 2010, and December 17, 2010

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(b) A law school shall not admit applicants who do not appear capable of satisfactorily completing its educational program and being admitted to the bar.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) only admits applicants to its Doctor of Jurisprudence degree program who appear capable of successfully completing the program. While the DSOL bases its admission criteria on a number of factors, two of the objective factors in DSOL’s balancing test are consistent with law schools accredited by the American Bar Association. Specifically, the DSOL’s median LSAT and undergraduate GPAs are consistent with law schools accredited by the American Bar Association. For instance, DSOL’s class profile for the full-time class of 2013 is the following:

Full-Time LSAT: Full-Time Undergraduate GPA: Median: 148 Median: 2.95 75%: 151 75%: 3.33 25%: 145 25%: 2.67

Furthermore, the class profile for the part-time class of 2014 is as follows:

LSAT: Undergraduate GPA: Median: 146 Median: 3.06 75%: 150 75%: 3.41 25%: 142 25%: 2.71

Consistent with this profile, DSOL peer institutions accredited by the American Bar Association have the following class profiles:

Name of Law LSAT GPA Source of Information School Information Information Appalachian Median: 149 Median: 3.08 http://www.asl.edu/academics/policy- School of Law300 75%: 153 75%: 3.32 Admissions.aspx 25%: 147 25%: 2.75 Faulker Median: 150 Median: 3.11 http://www.faulkner.edu/jsl/info/cons University- 75%: 154 75%: 3.42 umer.asp Thomas Goode 25%: 148 25%: 2.80 Jones School of Law Florida A&M Median: 147 Median: 3.03 http://law.famu.edu/go.cfm/do/Page.Vi University 75%: 150 75%: 3.29 ew/pid/13/t/1L-Class-Profile College of Law 25%: 144 25%: 2.70 Liberty University Median: 150 Median: 3.17 http://www.liberty.edu/academics/law/i School of Law 75%: 153 75%: 3.57 ndex.cfm?PID=17821 25%: 148 25%: 2.88

300 The scores are based on 2007 figures—the most recent figures published on their website. Page 190 of 281

Mississippi Median: 150 Median: 3.3 http://law.mc.edu/prospective- College School of students Law North Carolina Full-Time Full-Time http://web.nccu.edu/law/admissions/pd Central School of Median: 145 Median: 3.21 f/2009-2010%20Class%20Profile.pdf Law Full-Time 75: Full-Time 148 75%: 3.43 Full-Time 25%: Full-Time 142 25%: 2.99

Part-Time Part-Time Median: 151 Median: 3.48 Part-Time Part-Time 75%: 155 75%: 3.67 Part-Time Part-Time 25%: 148 25%: 3.16 Thomas M. Median: 146 Median: 2.99 http://www.cooley.edu/overview/factsa Cooley School of taglance.htm Law Western State Median: 150 Median: 3.17 http://www.wsulaw.edu/admissions/qui University 75%: 154 75%: 3.40 ck-facts.aspx College of Law 25%: 149 25%: 2.83

Assessment by the Administration and Faculty:

The Administration and Faculty believe the DSOL’s current admission numbers are adequate and not inconsistent with DSOL’s peer institutions. Nevertheless, the Administration and Faculty believe the admissions statistics need improvement. Specifically, the Administration and Faculty are concerned that the 2010–2011 data indicates the median admission LSAT scores for the academic program declined from the 2009–2010 academic year compared to the 2010–2011 academic year in contravention of the proposed movement toward higher LSAT medians discussed during the February 2010 mini-retreats.

Plan for Remediation:

The Faculty believes it needs to take a greater role in the recruitment activities at the DSOL. Specifically, the Faculty intends to do the following: create a pilot pipeline program with local high schools; send faculty to recruitment conferences; and more regularly attend open houses.

Furthermore, the Administration believes its recruitment efforts need to be more proactive. Specifically, the Administration has committed to calling every regionally local, prospective student who has recently taken the LSAT and scored between a 148 and a 160, inclusive, to improve its recruitment numbers. (Date of Vote: September 17, 2010)

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Evaluation of Progress:

As to the Pipeline Program, Professor Cheryl George is charged with creating a plan for a Faculty Pipeline Program. Professor Shelly George shall present the plan to the Faculty at the February Strategic Planning Retreat (2011).

As to sending Faculty to recruitment conferences, the Faculty shall create a schedule of attendance of Faculty members at recruitment conferences. This schedule shall be prepared by the Faculty Recruitment Chair and presented to the Faculty during the February Strategic Planning Retreat.

As to Faculty attendance at open houses, the Faculty shall begin attending open houses effective immediately. (Date of Vote: October 1, 2010)

Evaluation of Further Progress:

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Standard 502. EDUCATIONAL REQUIREMENTS (a) A law school shall require for admission to its J.D. degree program a bachelor’s degree, or successful completion of three-fourths of the work acceptable for bachelor’s degree, from an institution that is accredited by an accrediting agency recognized by the Department of Education. (b) In an extraordinary case, a law school may admit to its J.D. degree program an applicant who does not possess the educational requirements of subsection (a) if the applicant’s experience, ability, and other characteristics clearly show an aptitude for the study of law. The admitting officer shall sign and place in the admittee’s file a statement of the considerations that led to the decision to admit the applicant.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) admissions policies require applicants to have completed a baccalaureate degree from a college or university that is accredited by an accrediting agency recognized by the United States Department of Education before matriculation.301 The DSOL requires all applicants to transmit official transcripts with their application before matriculation to ensure compliance with this rule.302

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current educational admissions requirements are sufficient. However, the Administration is concerned that a number of students were admitted during the 2010–2011 academic year without complete admissions information. Specifically, six (6) students in the fall of 2010 matriculated upon the basis of unofficial transcripts. Furthermore, one student was admitted in 2009 that did not have a completed baccalaureate degree.303 And, one student was admitted in 2010 that did not have a completed baccalaureate degree.304

Plan for Remediation:

The Dean has taken a number of corrective actions in response to these findings. First, the Dean has reprimanded the Director of Admissions (“the Director”) and placed a copy of the reprimand in the Director’s personnel file. Second, the Dean has appointed a member of his senior administrative team—the Dean of Students—to supervise both the Director and the Admissions Office. Third, the Associate Dean for Assessment ordered a full audit of all admissions files for every student who has ever matriculated in the law program at the DSOL. Fourth, the Dean has

301 See Exhibit 86, Section VI.A. 302 See Exhibit 122. On one occasion, the Admissions Committee inadvertantly admitted a student who had only completed three-fourths of a bachelor’s degree. The confusion arose because the student had earned a Doctorate of Veterinary Medicine. Because the Committee has already alerted the applicant of the admission, the Committee chose to honor the admission. The Dean has since reiterated the DSOL’s policies to each member of the Admissions Committee. In addition, the Dean has since reiterated the DSOL’s policies to the Director of Admissions. Copies of the student’s admissions file will be available for inspection by the Site Team. In addition, copies of the letter the Dean sent to members of the Admissions Committee and Director of Admissions are on file in the Dean’s Office. 303 The student has failed to complete twelve (12) credit hours toward her degree at Penn State University. The student has been advised that she must complete her baccalaureate degree prior to graduation. 304 This student possesses a Doctor of Veterinary Medicine. This student has been advised by the Tennessee Board of Bar Examiners that his existing degree could make him eligible to sit for the Tennessee Bar Exam. Page 193 of 281 instituted a policy of annual, full audits that must be conducted no later than one (1) week prior to any students’ matriculation in any fall semester at the DSOL. Finally, the Dean has reprimanded each member of the Admissions Committee and reminded the members of the Admissions Committee that no student may be admitted that does not possess a baccalaureate degree from an institution that is accredited by an accrediting agency recognized by the United States Department of Education.

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

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Standard 503. ADMISSION TEST A law school shall require each applicant for admission as a first year J.D. student to take a valid and reliable admission test to assist the school and the applicant in assessing the applicant’s capability of satisfactorily completing the school’s educational program. In making admissions decisions, a law school shall use the test results in a manner that is consistent with the current guidelines regarding proper use of the test results provided by the agency that developed the test.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires all applicants to take the Law School Admissions Test (“LSAT”) and report their scores to the DSOL before the DSOL will consider their application for admission.305

Once the DSOL receives a copy of a student’s completed Application, including the student’s LSAT scores, the Admissions Committee reviews the entire Application to determine whether the student is qualified for admission and likely to succeed in the program. Specifically, the Admissions Committee considers, among other things, the applicant’s: overall grade-point average (“GPA”), grades in individual courses, undergraduate curriculum, exposure to the legal profession, participation in volunteer experiences, communication skills, background, and LSAT scores.306 The Admissions Committee does not look at any one of these factors in isolation.307 Rather, the Admissions Committee reviews these factors to determine whether, in their totality, they demonstrate the applicant is likely to succeed in the law program at DSOL.308 In accordance with LSAC Cautionary Policies Concerning LSAT Scores,309 the Committee does not use “cut-off” scores when making admissions decisions.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL currently uses LSAT scores appropriately when considering applications for admission. Nevertheless, the DSOL did not use the Law School Admission Council’s (“LSAC”) free correlation service during the 2009–2010 academic year. The Administration and Faculty believe the DSOL should conduct a correlation study as soon as possible.

Plan for Remediation:

The Associate Dean for Assessment shall ensure that the DSOL applies for a LSAC correlation report for the 2010–2011 academic year.

305 See Exhibit 86, Section VI.B. 306 See Exhibit 86, Section VI.C. 307 See Exhibit 86, Section VI.C. 308 See Exhibit 86, Section VI.C. 309 The Policy provides the following: “Cut-off LSAT scores (those below which no applicants will be considered) are strongly discouraged. Such boundaries should be used only if the choice of a particular cut-off is based on a carefully considered and formulated rationale that is supported by empirical data, for example, one based on clear evidence that those scoring below the cut-off have substantial difficulty doing satisfactory law school work.” See STANDARDS AND RULES OF PROCEDURE FOR APPROVAL OF LAW SCHOOLS, Appendix 2. Page 195 of 281

Further Evaluation of Progress:

The DSOL had provided information to the LSAC and the LSAC has communicated that the correlation study will be available in January 2011.

Timeline for Implementation:

As soon as possible.

Date of Vote(s):

April 12, 2010, and December 17, 2010

Page 196 of 281

Standard 504. CHARACTER AND FITNESS (a) A law school shall advise each applicant that there are character, fitness and other qualifications for admission to the bar and encourage the applicant, prior to matriculation, to determine what those requirements are in the state(s) in which the applicant intends to practice. The law school should, as soon after matriculation as is practicable, take additional steps to apprise entering students of the importance of determining the applicable character, fitness and other qualifications. (b) The law school may, to the extent it deems appropriate, adopt such tests, questionnaires, or required references as the proper admission authorities may find useful and relevant, in determining the character, fitness or other qualifications of the applicants to the law school. (c) If a law school considers an applicant’s character, fitness or other qualifications, it shall exercise care that the consideration is not used as a reason to deny admission to a qualified applicant because of political, social, or economic views that might be considered unorthodox.

(a) A law school shall advise each applicant that there are character, fitness and other qualifications for admission to the bar and encourage the applicant, prior to matriculation, to determine what those requirements are in the state(s) in which the applicant intends to practice. The law school should, as soon after matriculation as is practicable, take additional steps to apprise entering students of the importance of determining the applicable character, fitness and other qualifications.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) advises all applicants to its academic program that there are character, fitness, and other requirements for admission to the bar. Specifically, the DSOL provides the following language on its admissions page:

All prospective students should be aware that before an applicant may sit for a bar examination, the applicant must submit information regarding his or her character and fitness to the licensing body in the jurisdiction in which the applicant desires to take the Bar. In Tennessee, the appropriate body is the Tennessee Board of Law Examiners. Lincoln Memorial University – Duncan School of Law makes no guarantee, express or implied, that by being admitted to this institution and successfully obtaining a Doctor of Jurisprudence degree that any law student will be permitted to sit for any bar examination in any jurisdiction. The Duncan School of Law strongly encourages all prospective and current law students to contact the appropriate licensing body in the state or states in which they intend to apply to sit for the bar examination to determine the character, fitness, and other requirements for that jurisdiction prior to submitting an application to the Duncan School of Law.310

Furthermore, the DSOL Application provides the following:

Anyone wishing to practice law in any jurisdiction must register for and take a bar examination in the jurisdiction in which one seeks to practice. Each jurisdiction establishes its own bar registration and admissions standards. An important component of the privilege to practice in any jurisdiction is a thorough evaluation of one’s character and fitness for admission to the bar.

The Section of Legal Education and Admission to the Bar of the American Bar Association (ABA), in Standard 504 of the 2009-2010 Standards, Interpretations and Rules of Procedure for

310 See Lincoln Memorial University-Duncan School of Law, Admissions Page, available at http://www.lmunet.edu/law/admissions/index.shtml (last visited September 12, 2010). Page 197 of 281

Approval of Law Schools, states that “a law school shall advise each applicant that there are character, fitness and other qualifications for admission to the bar and encourage the applicant, prior to matriculation, to determine what those requirements are in the state(s) in which the applicant intends to practice. The law school should, as soon after matriculation as is practicable, take additional steps to apprise entering students of the importance of determining the applicable character, fitness and other qualifications.”

Because of the stringent character and fitness qualifications for admission to the Bar, the Lincoln Memorial University Duncan School of Law requires applicants for admission to fully disclose responses to questions pertaining to character and fitness throughout this application for admission. In addition to questions that you have already been asked throughout this application, you are also required to answer the questions below.311

Additionally, the DSOL encourages all accepted students to determine the qualifications for admittance to the bar in their target jurisdiction.312 During Orientation, the DSOL orally encourages all matriculated students to contact the bar association in which they intend to apply for admission and determine the character, fitness, and other qualifications necessary to be licensed in that state.313 Finally, during orientation, all students must sign a certification that states: “I understand and have been advised that I should contact the board of law examiners in any state where I hope to be licensed to determine general requirements, as well as, character and fitness requirements.”314

Assessment by the Administration & Faculty:

The Administration and Faculty believe that DSOL currently advises its applicants and students of the character and fitness requirements adequately.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

February 17, 2010, and December 17, 2010

311 See Exhibit 122. 312 See Duncan School of Law Admissions Page, available at: http://www.lmunet.edu/law/admissions/index.asp (last visited December 15, 2010). 313 Furthermore, each student who matriculated in the 2010-2011 class signed a certification during Orientation indicating he/she has been advised to contact the Bar Association in his/her target jurisdiction to determine character and fitness requirements. See Exhibit 124. Copies of completed certification forms will be available for review by the Site Team. 314 See Exhibit 104. Page 198 of 281

(b) The law school may, to the extent it deems appropriate, adopt such tests, questionnaires, or required references as the proper admission authorities may find useful and relevant, in determining the character, fitness or other qualifications of the applicants to the law school.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) requires applicants to provide information regarding a number of matters that could affect their character and fitness. Specifically, the DSOL requires students to produce information, regarding, among other things: their arrest record, their conviction record, and any history of mental health treatment.315

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL seeks appropriate, useful information from applicants regarding their character and fitness.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

February 17, 2010

315 See Exhibit 122. Page 199 of 281

(c) If a law school considers an applicant’s character, fitness or other qualifications, it shall exercise care that the consideration is not used as a reason to deny admission to a qualified applicant because of political, social, or economic views that might be considered unorthodox.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) does consider issues effecting character and fitness when making admissions decisions. Nevertheless, the DSOL prohibits the Admissions Committee from rejecting the application of an otherwise qualified applicant on the basis of the applicant’s political, social, religious, or economic views.316

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL adequately protects applicants from discrimination on the basis of political, social, religious, or economic views.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

October 1, 2010, and December 17, 2010

316 See Exhibit 79. Page 200 of 281

Standard 505. PREVIOUSLY DISQUALIFIED APPLICANT A law school may admit or readmit a student who has been disqualified previously for academic reasons upon an affirmative showing that the student possesses the requisite ability and that the prior disqualification does not indicate a lack of capacity to complete the course of study at the admitting school. In the case of admission to a law school other than the disqualifying school, this showing shall be made either by a letter from the disqualifying school or, if two or more years have elapsed since that disqualification, by the nature of interim work, activity, or studies indicating a stronger potential for law study. For every admission or readmission of a previously disqualified individual, a statement of the considerations that led to the decision shall be placed in the admittee’s file.

Statement of Condition at Initial Review:

The Duncan School of Law’s (“DSOL”) policies do permit admission and readmission of applicants who were previously academically disqualified. As to admission, an applicant who was previously academically disqualified must demonstrate that he or she possesses the requisite ability to succeed in law school.317 The applicant must also demonstrate that the previous disqualification does not indicate a lack of capacity to complete the course of study at the DSOL.318 Specifically, an applicant must provide the following:

1. If less than two years have elapsed since the applicant’s disqualification, then the applicant must provide a letter from the disqualifying institution which demonstrates the previous disqualification does not indicate a lack of capacity to complete a law program; 2. If two or more years have elapsed since the previous disqualification, then the applicant must provide: a. a written statement detailing : the nature of the interim work, activity, or studies which occurred since the disqualification; and b. a statement describing why the applicant believes he/she now has a stronger potential for the study of law and is likely to successfully complete the course of study at the Duncan School of Law.319

Any applicant who is admitted in accordance with this policy shall have a written statement from the admissions committee which details the considerations which led to the admission of the student.320

317 See Exhibit 86, Section VI.D.1. 318 See Exhibit 86, Section VI.D.1. 319 See Exhibit 86, Section VI.D. 320 At this time, only one (1) student has been offered admission pursuant to this provision. The applicant applied for admission in the fall 2009 class after initially matriculating in the inaugural class at Liberty University School of Law in Lynchburg, Virginia in fall 2004. He was academically dismissed from Liberty Law in spring 2005. During the period between 2005 and 2009, the applicant earned a Master of Arts Degree in Religion from Liberty Baptist Theological Seminary in May 2007 and a Master of Divinity from Liberty Baptist Theological Seminary in December 2008.

The Admissions Committee interviewed the applicant and determined he was likely to be successful in law school, based on the two advanced degrees he earned after being academically dismissed in 2005, in combination with his Page 201 of 281

As to readmission of students who have been academically disqualified at the DSOL, a student who has received notice that he or she is academically disqualified may petition the Academic Standards Committee for readmission.321 The Academic Standards Committee may only readmit a student under the following conditions:

1. extraordinary circumstances contributed to his or her inability to meet the academic requirements of the law school; 2. the student’s failure to meet the standards for continuing his or her studies does not indicate a lack of capacity to complete the program of study and, in fact, the student possesses that capacity; and 3. the circumstances resulting in the student’s academic disqualification have been remedied or no longer exist.322

A student may be granted permission to continue his or her studies under this provision only one (1) time during his or her studies at the DSOL.323

In any event, the relevant committee must specifically enumerate and explain the exact reasons leading to the decision to admit, readmit, or reject readmission. Thus, for admissions decisions, the Admissions Committee must provide the specific reasons leading to the decision for admission.324 Those reasons must then be placed in the applicant’s admissions file.325 For readmission decisions, the Academic Standards Committee must provide the specific reasons leading to the decision for readmission or rejection. Those reasons must then be placed in the petitioner’s file.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current policies are effective and adequate.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

October 1, 2010, and December 17, 2010

maturity and improved LSAT score. The applicant was offered admission on August 5, 2009, and he declined his offer of admission on August 7, 2009. The applicant’s file will be available for review by the Site Team. 321 See Exhibit 86, Section XV.C. 322 See Exhibit 86, Section XV.C.9. 323 See Exhibit 86, Section XV.C.7. 324 See Exhibit 79, Section XVII.C. 325 See Exhibit 79, Section XVII.C. Page 202 of 281

Standard 506. APPLICANTS FROM LAW SCHOOLS NOT APPROVED BY THE ABA (a) A law school may admit a student with advanced standing and allow credit for studies at a law school in the United States that is not approved by the American Bar Association (“non-ABA approved law school”) if: (1) the non-ABA approved law school has been granted the power to confer the J.D. degree by the appropriate governmental authority in the unapproved law school’s jurisdiction, or graduates of the non-ABA approved law school are permitted to sit for the bar examination in the jurisdiction in which the school is located; (2) the studies were “in residence” as provided in Standard 304(b), or qualify for credit under Standard 305 or Standard 306; and (3) the content of the studies was such that credit therefore would have been granted towards satisfaction of degree requirements at the admitting school. (b) Advanced standing and credit hours granted for study at a non-ABA approved law school may not exceed one-third of the total required by an admitting school for its J.D. degree.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) does permit students from non-ABA accredited schools to apply for admission into its academic program. However, the DSOL does not grant transfer credit for coursework completed at any non-ABA-accredited school.326 Rather, when students who have earned credit at a non-ABA-accredited law school apply for admission, the DSOL clearly informs them that the DSOL will not accept any transfer credit from them.327

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current policies are adequate and appropriate.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

April 12, 2010, and December 17, 2010

326 See Exhibit 86, Section XXV. 327 See Exhibit 125 for copies of letters sent to relevant applicants. Page 203 of 281

Standard 507. APPLICANTS FROM FOREIGN LAW SCHOOLS (a) A law school may admit a student with advanced standing and allow credit for studies at a law school outside the United States if: (1) the studies were “in residence” as provided in Standard 304, or qualify for credit under Standard 305; (2) the content of the studies was such that credit therefore would have been granted towards satisfaction of degree requirements at the admitting school; and (3) the admitting school is satisfied that the quality of the educational program at the foreign law school was at least equal to that required by an approved school. (b) Advanced standing and credit hours granted for foreign study may not exceed one- third of the total required by an admitting school for its J.D. degree.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) does permit students from non-ABA accredited law schools to apply for admission into its academic program. However, the DSOL does not grant transfer credit for coursework completed at any non-ABA accredited school.328 Currently, there are no ABA-accredited foreign law schools. Accordingly, the DSOL does not accept transfer credit from any foreign law school. Rather, when students who have earned credit at a non-ABA accredited law school apply for admission, the DSOL clearly informs them that the DSOL will not accept any transfer credit from them.329

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current policy is adequate and appropriate.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

April 12, 2010, and December 17, 2010

328 See Exhibit 86, Section XXV. 329 See Exhibit 125 for copies of letters sent to relevant applicants. Page 204 of 281

Standard 508. ENROLLMENT OF NON-DEGREE CANDIDATES Without requiring compliance with its admission standards and procedures, a law school may enroll individuals in a particular course or limited number of courses, as auditors, non- degree candidates, or candidates for a degree other than a law degree, provided that such enrollment does not adversely affect the quality of the course or the law school program.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) does permit non-degree and degree candidates to audit classes with permission of both the professor of the class and the Associate Dean for Academics.330 However, the Associate Dean for Academic’s discretion to grant such requests is limited to circumstances where permission would not adversely affect either the quality of the course or the quality of the law program.331 At this time, no requests for auditing have been granted by the Associate Dean.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current policy is adequate and appropriate.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

April 12, 2010, and December 17, 2010

330 See Exhibit 86. 331 See Exhibit 86. Page 205 of 281

Standard 509. BASIC CONSUMER INFORMATION A law school shall publish basic consumer information. The information shall be published in a fair and accurate manner reflective of actual practice.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) publishes basic consumer information in compliance with Standard 509. Specifically, the DSOL publishes the following information:

1. Admissions Data: Admissions data is published on DSOL’s website332 and in its admissions brochures and materials.333 2. Tuition, Fees, Living Costs, Financial Aid, and Refunds: The data is published on DSOL’s website334 and in its admissions brochures and materials.335 This information is also included in the DSOL Student Handbook and Catalog.336 3. Enrollment Data and Graduation Rates: Enrollment data is published on the DSOL website.337 The DSOL does not yet have any graduates. Thus, the DSOL does not publish graduation rates at this time. 4. Composition and Number of Faculty and Administrators: The DSOL publishes the composition and number of faculty and administrators it employs on its website.338 5. Curricular Offerings: The DSOL’s curricular offerings are published in the DSOL Student Handbook and Catalog.339 The DSOL Student Handbook and Catalog is available on the DSOL website.340 6. Library Resources: The DSOL publishes information regarding its library resources on the DSOL website.341 7. Physical Facilities: The DSOL publishes information regarding its physical facilities on its website.342

332 Lincoln Memorial University-Duncan School of Law, Admissions Page, available at http://www.lmunet.edu/law/admissions/snapshot.shtml (last visited December 15, 2010). 333 See Exhibit 126. 334 Lincoln Memorial University-Duncan School of Law, Financial Aid Page, available at http://www.lmunet.edu/law/financialaid/cost.shtml (last visited December 15, 2010). 335 See Exhibit 126. 336 See Exhibit 86, Section VII. 337 Lincoln Memorial University-Duncan School of Law, Admissions Page, available at http://www.lmunet.edu/law/admissions/snapshot.shtml (last visited December 15, 2010). 338 Lincoln Memorial University-Duncan School of Law, Directory Page, available at http://www.lmunet.edu/law/directory.shtml (last visited December 15, 2010). 339 See Exhibit 86, Section XII. 340 Lincoln Memorial University-Duncan School of Law, Academics Page, available at http://www.lmunet.edu/law/academics.shtml (last visited December 15, 2010). 341 Lincoln Memorial University-Duncan School of Law, Library Page, available at http://library.lmunet.edu/lawlib (last visited December 15, 2010). 342 Lincoln Memorial University-Duncan School of Law, About Page, available at http://www.lmunet.edu/law/ (last visited December 15, 2010). Page 206 of 281

8. Placement Rates and Bar Passage Data: The DSOL does not currently publish placement rates or bar passage data, as none of its students have graduated, and thus, none of its students have been placed in permanent employment or taken a bar examination. Nevertheless, the DSOL does intend to publish that information on its website and in its admissions materials once that data becomes available. 9. Accreditation Status: The DSOL accurately reflects its accreditation status on its website343 and in its published materials.344

In addition to the above, the DSOL publishes its Academic Calendar on its website345 and in its Student Handbook and Catalog.346

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL publishes appropriate consumer information. Nevertheless, the Administration and Faculty believe the Website is not appropriately up-to-date. The Administration and Faculty believe the DSOL needs to assign a committee to be responsible for updating the Website and maintaining it.

Plan for Remediation:

The Dean shall appoint a Website Committee prior to the spring 2011 academic semester. The Website Committee shall be charged with updating and maintaining the Website.

Timeline for Implementation:

January 30, 2011

Evaluation of Progress:

As of December 19, 2011

Date of Vote:

December 17, 2010

343 Lincoln Memorial University-Duncan School of Law, Accreditation Page, available at: http://www.lmunet.edu/law/accreditation.shtml (last visited December 15, 2010). 344 See Exhibit 126. 345 Lincoln Memorial University-Duncan School of Law, Academic Calendar, available at: http://www.lmunet.edu/law/acad-calendar.shtml (last visited December 15, 2010). 346 See Exhibit 86. Page 207 of 281

Standard 510. STUDENT LOAN PROGRAMS A law school shall take reasonable steps to minimize student loan defaults, including provision of debt counseling at the inception of a student’s loan obligations and prior to graduation.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) has taken reasonable steps to minimize student loan defaults. Initially, the DSOL employs a full-time Financial Aid Coordinator, Michelle Baird,347 whose job duties include providing: financial aid planning and assistance, debt planning assistance, assistance with withdrawal processes, assistance with correcting billing errors, assistance with processing student refunds, assistance with identifying and applying for scholarship programs and fellowships, and assistance in maintaining DSOL’s compliance with Federal and State financial aid regulations. Additionally, the DSOL requires that students participate in entrance counseling in accordance with the Department of Education’s Direct Loan Program requirements. Moreover, once every semester, the Financial Aid Coordinator holds financial aid workshops covering material such as “Debt Management” and “Are you Budgeting Like a Student.348 Finally, the DSOL requires every student who has financial aid debt to attend exit counseling prior to graduation.349 At this time, none of DSOL’s existing or past students have defaulted on their student loans since matriculating at the DSOL.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL currently takes adequate steps to prevent student loan defaults.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

347 See Exhibit 53 for Michelle Baird’s resume. For a position description for the Financial Aid Coordinator, see Exhibit 52. 348 For a list of financial aid workshops offered at the DSOL, see Exhibit 127. 349 See Exhibit 86. Page 208 of 281

Standard 511. STUDENT SUPPORT SERVICES A law school shall provide all its students, regardless of enrollment or scheduling option, with basic student services, including maintenance of accurate student records, academic advising and counseling, financial aid counseling, and an active career counseling service to assist students in making sound career choices and obtaining employment. If a law school does not provide these types of student services directly, it must demonstrate that its students have reasonable access to such services from the university of which it is a part or from other sources.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) provides all of its students with ordinary and customary student services, including maintenance of accurate student records, academic advising services, financial aid services, career services, admission services, technology support services, academic support services, security services, and non-academic support services. Furthermore, the DSOL provides identical student services to both its full-time and part-time cohorts.

In terms of student records, the DSOL protects the security, confidentiality, and integrity of its student records and maintains special security measures to protect and back-up data. The University Registrar maintains official academic records for the DSOL and is a member of the American Association of Collegiate Registrars and Admissions Officers (“AACRAO”), the Southern Association of Collegiate Registrars and Admissions Officers (“SACRAO”), and the Tennessee Association of Collegiate Registrars and Admissions Officers (“TACRAO”). The Registrar’s Office strictly adheres to procedures on student educational records and directory information as recommended by AACRAO. Federal compliance links are available for review on the AACRAO web site.350 The Office of the Registrar followed AACRAO recommended guidelines in developing its records retention schedule. However, in addition to official academic records, there are academic records regarding probation, warnings, and disciplinary matters that are maintained by the Associate Dean for Academics at the DSOL. The confidentiality of these records is also maintained by the Associate Dean for Academics, and the dissemination of this information to non-University affiliates is protected. Admissions applications and records are maintained on the DSOL campus and are kept in a secure room that permits only entrance to the necessary staff and faculty.

In terms of academic advising, the DSOL provides a structured academic advising program. The Academic Advising Program at DSOL is administered by the Associate Dean for Academics. Each student at DSOL is assigned a member of the Faculty as an advisor, and advisors are encouraged to contact their advisees at least once a semester to offer support. Advisors are required to be available to their advisees, by appointment, at any period during any academic

350 See American Association of Collegiate Registrars and Admissions Officers, available at: http://www.aacrao.org/ (last visited December 15, 2010). Page 209 of 281 semester. Support services under this Program include career counseling and academic counseling.351

In terms of financial aid services, the DSOL employs a full-time Financial Aid Coordinator, Michelle Baird,352 whose job duties include providing: financial aid planning and assistance, debt planning assistance, assistance with withdrawal processes, assistance with correcting billing errors, assistance with processing student refunds, assistance with identifying and applying for scholarship programs and fellowships, and assistance in maintaining DSOL’s compliance with Federal and State financial aid regulations.

The most recent budget has allotted specific monies to fund scholarships to be awarded by two (2) separate committees—the Scholarship Committee and the Admissions Committee. The Scholarship Committee has monies earmarked to be awarded by it to qualifying matriculated students. The Admissions Committee has monies earmarked to be awarded by it as recruitment scholarships to qualifying students.

In terms of career services, the DSOL is actively seeking to fill a position for Director of Career Services. Once hired, the Director of Career Services will work with companies and firms, garnering their faith in the DSOL and creating mechanisms and opportunities to allow these companies and firms to recruit from the DSOL student body. In addition to recruitment, the Director of Career Services will create student workshops to assist interested students in resume writing, interviewing skills, and professionalism in the workplace. The Director will also be available to the students to address individual career related issue.

As to admissions services, the DSOL employs two (2) full-time employees to administer its admissions services. First, the DSOL employs a Director of Admissions, Paul Carney.353 The Director’s job responsibilities include the following: assisting with development and implementation of an effective recruitment program to recruit qualified applicants to DSOL; representing the college to pre-law profession advisors at undergraduate college and universities and community organizations to promote the educational programs of DSOL; preparing budgetary information for Admissions; managing and tracking the applications to DSOL; supervising support staff for the Office of Admissions; providing counseling and guidance to matriculating students at DSOL; serving as the primary contact point for DSOL applicants; and completing required institutional and program accreditation reports and other reports necessary for operation.

Second, the DSOL employs an administrative assistant to the Director of Admissions, Trish Carroll.354 Ms. Carroll performs the following job responsibilities: answering and directing phone calls; assisting in assessing the completeness of admission files and soliciting required information from admission candidates; coordinating travel arrangements for the Director of Admissions and herself; coordinating the Director’s calendar, including scheduling meetings and arrangements; providing office support, such as typing, filing, copying, faxing, etc.; coordinating

351 A copy of the DSOL Faculty Advisor Handbook is attached hereto as Exhibit 128. 352 See Exhibit 53 for Michelle Baird’s resume. 353 For a copy of the position profile, see Exhibit 48. For a copy of Paul Carney’s resume, see Exhibit 49. 354 For a copy of the position profile, see Exhibit 50. For a copy of Trish Carroll’s resume, see Exhibit 51. Page 210 of 281 and assisting in academic and/or staff personnel matters; assisting in resolving problems that have a significant impact on the overall goals of the department; and assisting with on-road recruitment. In addition to the Director of Admissions and the Administrative Assistant thereto, the Dean of Students supervises the Admissions Department and facilitates all admissions services.

As to technology support services, the DSOL employs two (2) full-time Information Services (IS) technicians, John Tyler Jennings,355 and John Bramble356 who both assist students with technological accommodations, technology training, and troubleshooting.357 Furthermore, the DSOL provides laptops to each student358 and a number of training sessions throughout each academic year to assist students in using those technological services.359 The laptops provided to the students are outfitted with software compatible with the teaching technology used in the classroom. Additionally, the DSOL provides students with access to MediaSite,360 permitting students to watch and/or review every class lecture either on site or remotely.

As to academic support, the DSOL employs an academic support program that the DSOL titles the Academic Success Program (“ASP”). The ASP is administered by the Director of Academic Success Programs361 and provides support for all students but more specifically for those students who, through poor academic performance, have demonstrated a need for tutoring or similar academic assistance. Specifically, the ASP provides Bridge Week programming; individual tutoring services; and free, non-credit bearing skills classes.

1. Bridge Week: Beginning in Fall 2010, Bridge Week is a non-credit bearing program taken by all entering students that takes place during the week preceding the fall semester. Bridge Week serves to introduce students to critical lawyering skills that are required during law school, including: reading statutes and cases; synthesizing rules; analyzing problems; and writing essay answers to problems using the IRAC format.362 As space allows, this course will continue to be taught as one (1) section so that the full- time and part-time students can get acclimated to each other and the law school experience together. Bridge week is free to all students.

2. Individual Tutoring: Individual tutoring is available at no cost to students through the Director of Academic Success Programs363 and Anita Bergeson, an adjunct hired specifically for that purpose.364

355 See Exhibit 96 for John Tyler Jennings’ resume. 356 See Exhibit 96 for John Bramble’s resume. 357 For a copy of the position profile, see Exhibit 129. 358 Each laptop has an Intel Core 2 Due T9400 processor and 3 gigabytes of memory. Each laptop is wireless enabled and is loaded with Windows XP, Microsoft Office Suite, Microsoft Anti-Virus, and Lenovo Think Vantage OEM applications. 359 For a full list of technological training presentations provided since the inception of the Program, see Exhibit 130. 360 Media Site is a technology package permitting DSOL to capture the students’ classes and permit remote viewing. Currently, students at DSOL can watch or review any class delivered at the DSOL either on campus or from any location where they have internet access. 361 For a position profile, see Exhibit 55. For a copy of Professor Heather Zuber’s CV, see Exhibit 56. 362 For a copy of the Bridge Week Syllabus, see Exhibit 131. 363 For a position profile, see Exhibit 55. For a copy of Professor Heather Zuber’s CV, see Exhibit 56. 364 For a position profile, see Exhibit 132. For a copy of Anita Bergeson’s CV, see Exhibit 111. Page 211 of 281

3. Non-Credit Bearing Classes: The DSOL offers four (4) free classes to all DSOL students. The first, Academic Success Program I, is required all of DSOL students. This Course is designed to enhance the necessary skills for law school by teaching the students to: create and understand class outlines; read, analyze and brief cases; apply the law through essay exam writing; provide insight into multiple-choice exam questions; improve student study techniques; and manage student stress and time.

The second, Academic Success Program II, is mandatory for students on probation and optional for all other students. This Course is designed to enhance the necessary skills for law school focusing on each student’s ability to apply the law through essay exam writing, multiple-choice questions, and improving study techniques.

The third, Academic Success Program III, is mandatory for probationary students and optional for all other students. This Course is designed for upper-level students that are on academic probation to enhance the necessary skills for upper-level courses through an increased emphasis on each student’s ability to apply the law through essay exam writing, providing insight into multiple-choice questions and answers, and improving student study techniques through small group and lab format.

Finally, Academic Success Program IV, is mandatory for probationary students and is optional for all other students following their third semester. This Course is designed for upper-level students that are on academic probation to enhance the necessary skills for upper-level courses through an increased emphasis on each student’s ability to apply the law through essay exam writing, providing insight into multiple-choice questions and answers, and improving student study techniques through small group and lab format.

In addition to the above programs and services, the ASP hosts workshops for students on stress and time management as well as effective study habits to aid in academic success.365

As to security services, the DSOL employs a security company that provides two security employees dedicated to the DSOL. Additional university security officers are available if there are additional security needs. The security employees patrol the DSOL building, maintaining a secure environment, and are available when classes release to provide security to students while they leave the building.

In terms of non-academic support services, the DSOL employs a Dean of Students366 who is responsible for administering and fostering all student clubs and organizations; administering the student’s pro bono requirement; planning and facilitating student events; scheduling and planning professional speakers to serve both day and night students; assisting students with solving non-academic problems and working as a liaison between the student and DSOL staff and faculty when necessary; and providing basic non-educational services such as housing, parking, and other off-campus services/options in the area.

365 For a list of workshops offered by the DSOL, see Exhibit 133. 366 For a position profile, see Exhibit 46. For a copy of Laura Hash’s resume, see Exhibit 47. Page 212 of 281

Assessment by the Administration & Faculty:

The Administration and Faculty believe the DSOL provides students with basic student services. Furthermore, the Administration and Faculty believe the DSOL provides those services evenly to all students, regardless of their status as full- or part-time students. The Faculty are concerned, however, that, although the position of the Director of Career Services has a budget line, the position has not currently been filled, and thus, the DSOL does not currently have a functioning Career Services department.

Additionally, the Faculty believes the DSOL should require students to take the Academic Success Program II course if they fail to achieve a cumulative GPA that exceeds a 2.35 in their first semester of law school.

Plan for Remediation:

The Associate Dean for Academics shall require all first-year students who fail to achieve a cumulative GPA that exceeds a 2.35 after their first semester to take the Academic Success Program II course in their second semester at the DSOL.

Timeline for Implementation:

February 1, 2011

The alteration of the Student Handbook shall occur immediately.

Evaluation of Progress:

The Dean has notified the Faculty that a Director of Career Services has been hired and will begin working at the DSOL, effective January 10, 2011.367

Date of Faculty Evaluation of Progress:

December 17, 2010

367 For a copy of the Director’s resume, see Exhibit 72. Page 213 of 281

X. LIBRARY & INFORMATION RESOURCES

Standard 601. GENERAL PROVISIONS (a) A law school shall maintain a law library that is an active and responsive force in the educational life of the law school. A law library’s effective support of the school’s teaching, scholarship, research and service programs requires a direct, continuing and informed relationship with the faculty, students and administration of the law school. (b) A law library shall have sufficient financial resources to support the law school’s teaching, scholarship, research, and service programs. These resources shall be supplied on a consistent basis. (c) A law school shall keep its library abreast of contemporary technology and adopt it when appropriate.

(a) A law school shall maintain a law library that is an active and responsive force in the educational life of the law school. A law library’s effective support of the school’s teaching, scholarship, research and service programs requires a direct, continuing and informed relationship with the faculty, students and administration of the law school.

Statement of Condition at Initial Review:

The Duncan School of Law Library (“the Library”) supports the Duncan School of Law’s (“DSOL”) teaching, scholarship, research, and service programs. Specifically, the Library provides: print and digital resources for use by the faculty and staff; student and faculty training on those print and digital resources; faculty liaison services; and reference and research assistance.

In terms of print and digital resources, all faculty and students have access to: Westlaw; LexisNexis; Fastcase; HeinOnline; CALI; LexisNexis (now ProQuest) Congressional; Audio Case Files and Courtroom View Network; the BNA Core Collection; the Gale Digital Libraries including: Making of the Modern Law, Making of the Modern World, Eighteenth Century Collections Online, United States Supreme Court Records and Briefs, and the Virtual Reference Library; Index to Legal Periodicals, Retrospective and Current; Springerlink, ABC-CLIO; Ebook Library, eBrary; and a variety of databases and digital libraries available through Lincoln Memorial University’s (“the University’s”) Carnegie-Vincent Library.

The Library adds MARC records to the LMU Piper Online Public Access Catalog (OPAC) in order to catalog print materials and uses Serial Solutions to manage access to ebooks, eJournals, eSerials, government documents, and the MARC records of digital collections the Library subscribes to or owns. These include titles from third-party vendor monograph collections, such as eBrary and eBook Library, and book publisher collections, such as Springer and ABC-CLIO (formerly Greenwood Publishing). Government documents are accessible via the LexisNexis Congressional Collection and from the Cassidy Digital Law Collection. Cassidy’s Digital Law Collection provides access to over 3,000 free legal websites that include primary source law from all fifty (50) states. Cassidy creates MARC records for these sites and maintains and updates links on a monthly basis in addition to eScholarship and National Academies Press sites.

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Aquabrowser is used as the federated research platform to access all of the print and digital materials the Library subscribes to or owns.

The DSOL Library purchases print materials through Baker & Taylor YBP Library Services (YBP), pursuant to an on-going arrangement with YBP to acquire Hornbooks, Nutshells, Examples and Explanations, and other materials as they become available. The Library is using YBP to catalog and process books that arrive shelf-ready. The Library uses GOBI to order print books from YBP that are not on standing order. For standing orders and other materials from West and Lexis that cannot be obtained through GOBI, materials are ordered directly from West or Lexis and shipped to Cassidy Cataloguing Services, Inc. Cassidy provides cataloguing and processing services and forwards the materials to the Library in shelf-ready condition. The MARC records are later uploaded into the University’s OPAC by the Technical Services/Circulation Services Librarian.

The DSOL faculty participates in collection development by working with their library liaisons create Hein’s electronic green slip notifications and Smart CILP profiles to reflect the faculty member’s interests. The DSOL faculty is able to review new publications in their subject areas and recommend materials that the Library should add to the collection. Additionally, the DSOL librarians create LibGuides for all first-year courses, aggregating links to the various electronic study aides the students have access to and displaying the holdings of relevant print resources contained within the stacks.368 CALI lessons and AudioCaseFiles (audio opinions covered in the course textbooks) are linked as well.

In terms of training for faculty and staff, the Library offers frequent training opportunities. The Library’s reference and instructional services include two main parts: formal teaching and informal teaching. As to formal teaching for faculty, the Library offers training on the use of electronic resources and has designed a series of faculty colloquia to teach the DSOL Faculty how to use the digital collections. The DSOL Faculty is also encouraged to participate in webinars and training offered to law students.369 As to informal teaching of DSOL Faculty, the Library provides a number of instructional mechanisms for faculty. For instance, the DSOL provides access to tutorials produced by the Center for Computer-Assisted Legal Instruction (“CALI”). The CALI lessons and vendor-produced tutorials and webinars are available to introduce faculty and students to the DSOL Library and its resources. Informal teaching also occurs on an as-needed basis, one-on-one, with the faculty member and the reference librarians.

In terms of training for students, each student at the DSOL is required to take Lawyering Skills I,370 a legal research class intended to familiarize students with the Library Collection, among other things. Each of those classes is captured using Mediasite.371 Tutorials that support these lectures are created by the Emerging Technologies Librarian.

368 DSOL purchased Springshare’s Libguides Web 2.0 for Library 2.0 product, had a custom domain created, and is building virtual guides to support the Lawyering Skills program. The librarians will provide links to the libguides in the West Education Network (TWEN)—the courseware program that DSOL is using. 369 A schedule of training sessions is attached hereto as Exhibit 130. 370 See Exhibit 86. 371 See Sonic Foundry, available at: http://www.sonicfoundry.com/mediasite (last visited December 15, 2010). Page 215 of 281

In terms of the faculty liaison service, the Library has developed a library liaison program, through which the Associate Dean and Director of the Law Library assigns a reference librarian to each DSOL faculty member to assist with current and anticipated research needs. The liaison performs a variety of functions, including: conducting research; designing clipping searches to keep faculty members abreast of developments in their area; arranging for delivery of books, articles, and other materials; training and supervising student research assistants; notifying faculty of new resources relevant to their research needs; and providing training on new research technologies.372 The liaisons meet with faculty members regularly to assess individual needs and research preferences. In addition, the DSOL Information Assets Policy encourages liaisons to recommend acquisition of all materials necessary to support faculty research.373

In terms of research assistance, the Library administers the student research assistance services at the DSOL. Specifically, the Library employs five (5) research assistants who are hired by and report to a Library Faculty Liaison.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Library is active and responsive to the needs of both the students and the Faculty.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

October 1, 2010, and December 17, 2010

372 See Exhibit 120 for a list of training sessions. 373 A copy of the DSOL Information Assets Policy is attached hereto as Exhibit 134. Page 216 of 281

(b) A law library shall have sufficient financial resources to support the law school’s teaching, scholarship, research, and service programs. These resources shall be supplied on a consistent basis.

Statement of Condition at Initial Review:

The Lincoln Memorial University (“University”) budget starts with the creation of budgets for each department—the Duncan School of Law (“DSOL”) is a separate department of the University. At the DSOL, the Dean of the DSOL requires each of the department heads and committee chairs to prepare a proposed budget for his/her division, department, or committee. The DSOL Library (“the Library”) is a department of the DSOL, and the Director of the Library is a member of the Dean’s senior administrative personnel. Thereafter, the Dean of the DSOL meets with the individual or individuals who prepared the budget and approves the proposed budget as written, approves the proposed budget with alterations, or rejects the proposed budget and requires preparation of a new proposed budget.

Once the Proposed Budget is complete, the Dean of the DSOL presents the proposed budget to the Vice President for Finance. The Vice President for Finance then reviews the Proposed Budget, in combination with the Dean of the DSOL. Once the Vice President for Finance has reviewed the Proposed Budget, the Vice President for Finance will accept the Proposed Budget, accept the Proposed Budget with alterations, or recommend rejection of the Proposed Budget. If the Vice President for Finance accepts the Proposed Budget, then the Vice President for Finance will combine the Proposed Budget with the remaining department budgets of the University and create the University Budget. The Vice President for Finance then presents the University Budget to the President for approval. If the Vice President for Finance recommends rejection of the Proposed Budget, then the Vice President for Finance and the Dean of the DSOL will present the Proposed Budget to the President, along with their recommendations. The President will then either accept or reject the Proposed Budget. Once the Proposed Budget is accepted, the Proposed Budget is added to the University Budget and presented to the President. Once the President has approved the University Budget, the President and the Vice President for Finance present the University Budget to the Board of Trustees.

To date, the Dean and the Board of Trustees have approved all budgetary proposals submitted by the Director with only insignificant alterations.374

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Library possesses sufficient financial resources to support the needs of both the students and the Faculty of the DSOL.

374 For a copy of the DSOL budget, see Exhibit 135. Page 217 of 281

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

October 1, 2010, and December 17, 2010

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Statement of Condition at Initial Review:

The Duncan School of Law Library (“the Library”) stays abreast of contemporary technology and adopts it when appropriate. Because technology is central to the Library, a librarian has been hired to focus on contemporary educational technologies. Joshua Pluta,375 the Emerging Technologies Librarian, is responsible for staying abreast of contemporary technology and for Web 2.0 applications within the Library, including: exploring and managing virtual reference technologies; enhancing the Duncan School of Law’s (“the DSOL’s”) digital library collections; exploring, implementing, and overseeing teaching technologies; and managing the DSOL’s web and SharePoint sites.

While one (1) librarian has been assigned to focus on technology, all DSOL librarians attend various conferences throughout the year regarding law librarianship and law school technology. Librarians also attend demonstrations and webinars on technology related to research, and vendors provide the library staff with temporary access to review products of interest. Additionally, the library staff subscribe to various RSS feeds and listservs to stay current on law library and technology issues. The Information Services Librarian, David Walker, is a contributing editor of the Law Librarian Blog, which keeps legal information professionals abreast of the latest developments in their field.

For collection development and technology decisions, the Director of the Law Library seeks feedback from the library staff on products that meet the information needs of the DSOL. Librarians consider which technologies are appropriate and how new technologies could be utilized by the DSOL. While recommendations are made by the library staff to the Director, the Director makes the final decision on the adoption of new products. Once a decision has been reached, access to new databases and software is administered by the Technical Services/Circulation Services Librarian or the Emerging Technology Librarian.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Library stays abreast of technological innovations in legal education and legal research.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

375 For a copy of the Joshua Pluta’s resume, see Exhibit 39. Page 219 of 281

Standard 602. ADMINISTRATION (a) A law school shall have sufficient administrative autonomy to direct the growth and development of the law library and to control the use of its resources. (b) The dean and the director of the law library, in consultation with the faculty of the law school, shall determine library policy. (c) The director of the law library and the dean are responsible for the selection and retention of personnel, the provision of library services, and collection development and maintenance. (d) The budget for the law library should be determined as part of, and administered in the same manner as, the law school budget.

(a) A law school shall have sufficient administrative autonomy to direct the growth and development of the law library and to control the use of its resources. (b) The dean and the director of the law library, in consultation with the faculty of the law school, shall determine library policy. (d) The budget for the law library should be determined as part of, and administered in the same manner as, the law school budget.

Statement of Condition at Initial Review:

The Duncan School of Law Library (“the Library”) is an administrative department within the Duncan School of Law (“DSOL”) that is administered by the Associate Dean and Director of the Library (“the Director”). The Lincoln Memorial University (“University”) budget starts with the creation of budgets for each department—the Duncan School of Law (“DSOL”) is a separate department of the University. At the DSOL, the Dean of the DSOL requires each of the department heads and committee chairs to prepare a proposed budget for his/her division, department, or committee. The Library is a department of the DSOL, and the Director of the Law Library is a member of the Dean’s senior administrative personnel. Thereafter, the Dean of the DSOL meets with the individual or individuals who prepared the budget and approves the proposed budget as written, approves the proposed budget with alterations, or rejects the proposed budget and requires preparation of a new proposed budget.

Once the Proposed Budget is complete, the Dean of the DSOL presents the proposed budget to the Vice President for Finance. The Vice President for Finance then reviews the Proposed Budget, in combination with the Dean of the DSOL. Once the Vice President for Finance has reviewed the Proposed Budget, the Vice President for Finance will accept the Proposed Budget, accept the Proposed Budget with alterations, or recommend rejection of the Proposed Budget. If the Vice President for Finance accepts the Proposed Budget, then the Vice President for Finance will combine the Proposed Budget with the remaining department budgets of the University and create the University Budget. The Vice President for Finance then presents the University Budget to the President for approval. If the Vice President for Finance recommends rejection of the Proposed Budget, then the Vice President for Finance and the Dean of the DSOL will present the Proposed Budget to the President, along with their recommendations. The President will then either accept or reject the Proposed Budget. Once the Proposed Budget is accepted, the Proposed Budget is added to the University Budget and presented to the President. Once the

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President has approved the University Budget, the President and the Vice President for Finance present the University Budget to the Board of Trustees.

To date, the Dean and the Board of Trustees have approved all budgetary proposals submitted by the Director with only insignificant alterations.376

Once the budget is approved by the Dean and the Board of Trustees, the Director administers all expenditures for the Library pursuant to both the approved budget and the Library’s Information Assets Policy.

In terms of library policy, library policy is developed by the Director of the Library, in conjunction with the Library Committee, and approved by the Faculty and the Dean. The Library Committee is composed of DSOL librarians, the Director of the Library, and one member of the DSOL Faculty. The Library Committee is charged with, among other things, creating and implementing the Library’s Information Assets Policy. The Library’s current Information Assets Policy was proposed by the Director on August 14, 2010 and approved by the Dean and the Faculty on August 16, 2010.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Director possesses sufficient autonomy over both Library policy and the Library’s financial resources.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote(s):

August 16, 2010, and December 17, 2010

376 For a copy of the DSOL budget, see Exhibit 135. Page 221 of 281

(c) The director of the law library and the dean are responsible for the selection and retention of personnel, the provision of library services, and collection development and maintenance.

Statement of Condition at Initial Review:

The Director of the Law Library (“the Director”) and the Dean of the Duncan School of Law are responsible for the selection and retention of personnel, the provision of library services, and collection development and maintenance for the Duncan School of Law Library (“the Library”).

The selection process for the Library’s personnel is a joint effort between the Director and the Dean. When hiring lines for Library personnel become available, the Director advertises the positions in the appropriate locations. The Director then reviews resumes, selects applicants for interviews, and creates an interview schedule for those individuals. Interviews for personnel are then conducted by the Director and the Dean. Ultimately, the Director is responsible for making all hiring recommendations for Library personnel. Once the Director determines a recommendation for hiring Library personnel, the Director submits that recommendation to the Dean. If the recommendation is to reject the applicant, then the applicant will not be further considered. If the recommendation is to hire the applicant, the Director of the Library then submits the recommendation to the Dean. The Dean may then accept or reject that recommendation. If the Dean rejects the recommendation, the applicant will not be considered further. If the Dean accepts the recommendation, then the Dean will forward that recommendation to the Vice President for Academic Affairs (“the VPAA”). If the VPAA rejects the recommendation, then the candidate fails. If the VPAA accepts the recommendation, then the VPAA will forward his/her recommendation, along with the recommendation of the Director and the Dean, to the President. The President may accept or reject any applicant for hire.

In terms of retention of Library personnel, the Director annually reviews the performance of all Library personnel and makes a recommendation for retention to the Dean. Ordinarily, the Dean will accept all retention recommendations from the Director. Nevertheless, the Dean may, at his or her discretion, reject the Director’s recommendation for retention.

In terms of the provision of Library services, the Director, through his or her personnel, is responsible for all services provided by the Library. The Director reports directly to the Dean and is reviewed by the Dean on an annual basis. Furthermore, the Director is responsible for collection development and maintenance as discussed above.

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Assessment by the Administration & Faculty:

The Administration and Faculty believe the Director possesses sufficient autonomy for the selection and retention of personnel, the provision of library services, and collection development and maintenance. Nevertheless, the Faculty believes the Dean should not be required to seek approval from the VPAA for hiring, retention, or promotion of the Faculty. Rather, the Faculty believes the Dean should possess a cabinet-level position that reports directly to the President.

Plan for Remediation:

The Dean and VPAA shall recommend that the Board of Trustees alter the Bylaws to provide a cabinet-level position for the Dean.

Timeline for Implementation:

The Dean shall propose an alteration to the Bylaws at the September 24, 2010, Board of Trustees meeting.

Evaluation of Progress:

The proposed change has been implemented as of September 24, 2010, and became effective on October 29, 2010. (Amended: December 17, 2010)

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Standard 603. DIRECTOR OF THE LAW LIBRARY (a) A law library shall be administered by a full-time director whose principal responsibility is the management of the law library. (b) The selection and retention of the director of the law library shall be determined by the law school. (c) A director of a law library should have a law degree and a degree in library or information science and shall have a sound knowledge of and experience in library administration. (d) Except in extraordinary circumstances, a law library director shall hold a law faculty appointment with security of faculty position.

(a) A law library shall be administered by a full-time director whose principal responsibility is the management of the law library.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) employs a library director (“the Director”) whose primary responsibility is the administration of the law library (“the Library”).377 Specifically, the Director is responsible for managing the budget, staff, collections, services, and facilities of the Library.378 Additionally, the Director, in conjunction with the Faculty, is responsible for developing the Library Collections Policy.379 The Director reports to the Dean of the DSOL.380

The current Director is Gordon Russell, Associate Dean, Director of the Law Library, and Professor of Law.381 The Director of the Library also carries a faculty appointment commiserate with, and equal to, doctrinal, full-time faculty members.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Director’s current position and responsibilities comply with the Standard.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

377 For a position profile, see Exhibit 36. 378 See Exhibit 36. 379 See Exhibit 36. 380 See Exhibit 36. 381 A copy of Dean Russell’s CV is attached hereto as Exhibit 37. A copy of the position description for the Director of the Law Library is attached hereto as Exhibit 36. Page 224 of 281

(b) The selection and retention of the director of the law library shall be determined by the law school.

Statement of Condition at Initial Review:

Dean Sydney A. Beckman, Dean of the Law School, selected Gordon Russell as the Director of the Duncan School of Law Library (“the Director”). At the time Dean Beckman selected Dean Russell, no faculty members were employed at the Duncan School of Law (“DSOL”). Future appointments for the position of the Director, however, require a recommendation of the Faculty in accordance with the ordinary protocol for hiring full-time faculty members.

The hiring of full-time faculty members requires approval of the DSOL Faculty, the DSOL Dean, the Vice President for Academic Affairs, and the President of the University. All full-time faculty hires originate with the DSOL Recruitment Committee (“the Committee”), a body composed solely of DSOL faculty members. The Committee is charged with reviewing applications, conducting preliminary interviews, and making a recommendation to the Faculty. Each candidate must receive a positive recommendation by at least fifty-one (51) percent of the Committee to have his/her application presented to the Faculty.

Once the VPAA receives a positive recommendation from the Dean, the VPAA reviews all available information submitted by the Dean to determine whether the candidate has sufficient credentials to qualify the candidate for the proposed position. If the VPAA determines the candidate possesses the requisite credentials for the proposed position, the VPAA will forward the Dean’s recommendation, along with the VPAA’s positive decision regarding credentials, to the President. If the VPAA determines the candidate lacks the requisite credentials for the proposed position, the candidacy fails. In any event, the President makes all final decisions on hiring and is free to accept or reject any candidate who has successfully completed the above process.

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In terms of retention, the initial decision for retention of the Director of the DSOL Library, as an administrative position, lies with the Dean of the DSOL. If the Dean recommends termination, then the candidate will be terminated. If the Dean recommends retention, then the Dean forwards that recommendation to the VPAA. The VPAA will then accept or reject the recommendation. If the VPAA rejects the Dean’s recommendation, then the candidate will not be retained. If the VPAA accepts the recommendation, then the VPAA will forward the VPAA’s recommendation, along with the recommendation of the Dean, to the President. The President may accept or reject the applicant for retention. If the President rejects the applicant for retention, the applicant fails. If the President accepts the applicant for retention and the applicant is not seeking a multi-year contract, then the decision of the President is final. If the applicant is seeking a multi-year contract, then the President’s positive recommendation is forwarded to the Board. The Board possesses ultimate authority to accept or reject any recommendation for a multi-year contract.

In terms of the initial decision for retention of any faculty member, including the Director of the Law Library, at the termination of his/her contract, each member of the faculty is initially reviewed by the Promotion & Retention Committee. Following its review, the Promotion & Retention Committee shall either recommend retention or recommend dismissal. Once made, the recommendation is sent to the Dean of the DSOL. The Dean may accept or reject the recommendation of the Promotion & Retention Committee. In either event, the Dean’s recommendation, in conjunction with the Retention and Promotion Committee’s recommendation, is forwarded to the VPAA. The VPAA will then reach a recommendation on retention or termination. Once the VPAA has reached a recommendation, the VPAA will forward that recommendation, along with the recommendation of the Dean and the Promotion & Retention Committee, to the President. The President’s decision on retention is final, unless retention involves a multi-year contract. If retention involves a multi-year contract, then the Board makes the final decision. The current Director of the Law Library is on a multi-year contract in both his administrative and faculty position.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the current process is effective. Nevertheless, the Faculty believes the Dean should not be required to seek approval from the VPAA for hiring, retention, or promotion of the Faculty. Rather, the Faculty believes the Dean should possess a cabinet-level position that reports directly to the President.

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Plan for Remediation:

The Dean and VPAA shall recommend that the Board of Trustees alter the Bylaws to provide a cabinet-level position for the Dean.

Timeline for Implementation:

The Dean shall propose an alteration to the Bylaws at the September 24, 2010, Board of Trustees meeting.

Evaluation of Progress:

The proposed change has been implemented as of September 24, 2010, and became effective on October 29, 2010. (Amended December 17, 2010)

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(c) A director of a law library should have a law degree and a degree in library or information science and shall have a sound knowledge of and experience in library administration.

Statement of Condition at Initial Review:

The position description for the Director of the Duncan School of Law Library (“the Director”) requires both a Doctor of Jurisprudence (J.D.) degree from an ABA-accredited school and a M.L.S. degree (or equivalent) from an ALA-accredited school.382 Dean Gordon R. Russell, the Director of the Law Library, possesses both of these degrees.383 Furthermore, Dean Gordon Russell has a significant background in library administration. Specifically, prior to joining the Duncan School of Law (“DSOL”), Dean Russell served as Associate Dean, Professor of Law, and Library Director for the Charleston School of Law from 2004-2008. He also formerly held the position of Law Library Director at St. Thomas University’s law library, where he was also an associate professor of law. Dean Russell is a member of the American Association of Law Libraries, the American Association of Law Schools, and the Canadian Association of Law Libraries.384

Assessment by the Administration & Faculty:

The Administration and Faculty believe that the current Director possesses sufficient qualifications for the position.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

382 See Exhibit 36. 383 See Exhibit 37. 384 See Exhibit 37. Page 228 of 281

(d) Except in extraordinary circumstances, a law library director shall hold a law faculty appointment with security of faculty position.

Statement of Condition at Initial Review:

Dean Gordon R. Russell possesses a five-year, presumptively renewable contract—the most extensive contract the University permits—in both his administrative and faculty positions. A copy of Dean Russell’s contract will be available for review by the Site Team.

Assessment by the Administration and Faculty:

The Faculty believes the University policy should be altered to provide the opportunity for all faculty members—including the Director— to achieve tenure.

Plan for Remediation:

The Dean shall develop and propose a Tenure Policy to the Board of Trustees, the President, and the Vice President for Academic Affairs.

Evaluation of Progress:

The Dean shall propose a policy for the development of a Tenure Policy no later than October 1, 2010. (Approved: February 9, 2010)

Further Evaluation of Progress:

As of August 9, 2010, the Dean had developed a proposed Tenure Policy and forwarded the proposal to the President, and the Vice President for Academic Affairs, and the Executive Committee of the Board of Trustees.385 The Dean reports that he anticipates a vote on the proposal on or before December 15, 2010. (Approved: September 17, 2010)

Further Evaluation of Progress:

On November 16, 2010, the Board of Trustees voted to adopt the tenure policy for the Duncan School of Law.386 Both the Dean and the Associate Dean and Director of the Law Library intend to apply for tenure on or before the May 2011. (Approved: December 17, 2010)

385 A copy of the proposal is attached hereto as Exhibit 82. 386 See Exhibit 83. Page 229 of 281

Standard 604. PERSONNEL The law library shall have a competent staff, sufficient in number to provide appropriate library and informational resource services.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) employs a sufficient number of law librarians to support the faculty, their teaching assignments, and other responsibilities.

As the chart below indicates, the DSOL employs five (5) law librarians, in combination with five (5) research assistants. Each of their duties is discussed below:

Name Title Relevant Other Degrees Other Relevant Workload Advanced Qualifications/ Degrees Experience Dean Associate J.D. Univ. of L.L.B. Univ. of Twenty (20) Lawyering Skills Gordon Dean, New Mexico Western Ontario years I (one section) Russell Director of Sch. of Law (1987) experience in (fall 2010 only) the Law (1994) academic law Library, and B.A. Brigham librarianship at Academic Professor of M.L.S. Young Univ. public and Success IV (one Law Brigham (1978) (Political private section) (spring Young Univ. Science) universities. 2011 only) (1982) B.A. Brigham -Administration Young Univ. of the Law (1978) (History) Library, including budgeting, policy creation and execution, and managing Library personnel.

Mr. David Information J.D. Rutgers- B.A. Hofstra Two (2) years Lawyering Skills Walker Services Camden Univ. (2000) as a reference I (one section) Librarian (2004) (Humanities) librarian at the (fall 2010 only) Charleston M.L.I.S. School of Law. Lawyering Skills Rutgers II (one section) Univ. (2007) (spring 2011 only)

-Schedules Virtual Reference Hours

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and participates as scheduled. -Participates in the Faculty Liaison program.

-Creates Libguides to support faculty and courses.

-Provides seminars and training for students and faculty. Ms. Faculty J.D. Mercer B.A. Univ. of Three (3) years Lawyering Skills Katherine Services Univ. (2006) Tenn. (2003) experience in I (one section) Marsh Librarian (Political law libraries (fall 2010 only) M.I.S. Univ. Science) of Tenn. Academic (2007) Success Program II (one section (spring 2011 only)

-Manages the faculty research services, including supervising and training the faculty research assistants.

-Manages the Faculty Liaison program.

-Provides virtual reference as scheduled.

-Designs and presents training sessions for

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faculty and students. -Creates Libguides. Mr. Emerging J.D. Univ. of B.A. Univ. of Lawyering Skills Joshua Technologie Nebraska Nebraska- I (one section) Pluta s Librarian (2007) Lincoln (2002) (fall 2010 only) (Math) M.L.S. Univ. Lawyering Skills of Missouri- B.A. Univ. of II (one section) Columbia Nebraska- (spring 2011 (2008) Lincoln (2002) only) (History) -Responsible for exploring Web 2.0 applications for the Law Library.

-Manages Exam4 software and scheduling software for the DSOL.

-Manages Law Library website.

-Provides virtual reference as scheduled.

-Participates in the Faculty Liaison program.

-Creates Libguides.

-Designs and presents training sessions for faculty and students.

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Ms. Ann Technical M.S.L.S. B.A. Colorado Twenty (20) -Works with Walsh Services and The Catholic College (1989) years of vendors and Long Circulation Univ. of (Political experience in integrates Librarian America Science) law libraries— MARC records (1993) law firms, a law in Aquabrowser school, and a and federal SerialsSolutions. governmental agency. -Responsible for the Self-Check Circulation system.

-Manages outsourcing of cataloging and processing of print and CD materials.

-Participates in virtual reference as scheduled.

-Designs and presents training sessions for faculty and students.

Furthermore, the Library currently employs the following research assistants:

Name Title Degrees Earned Nikki Price Research Assistant B.A. Univ. of Tenn. (1999) (Psychology)

B.A. Univ. of Tenn. (1999) (Political Science) Patrick Slaughter Research Assistant B.A. Virginia Tech. (1994) (Urban Affairs) James Lawrence Research Assistant B.A. Hope College (1990) (Philosophy)

M. Divinity (Asbury Theological Seminary) (1995) Rebecca Lee Research Assistant B.S. University of Michigan at Ann Arbor (1996) (Secondary Education) Erica McClure Research Assistant B.S. University of North Carolina (2006) (Biology)

B.A. University of North Carolina (2006) (Criminal Justice)

B.A. University of Tennessee (2009) (Anthropology)

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In terms of services to the Faculty, the DSOL currently employs one (1) Dean, three (3) Associate Deans, and seven (7) full-time professors, as the chart below indicates.

Name Title Current Research Courses Taught Projects Dean Sydney A. Dean and Professor of In the process of None Beckman Law drafting an article entitled, “Redefining Adultery in the Computer Era.” Dean Gordon R. Associate Dean, In the process of drafting Lawyering Skills I Russell Director of the Law an article, entitled, “Law (one section) (fall Library, and Professor Libraries Without Walls – 2010 only) of Law The Evolution from Print to Digital. What does Academic Success the Academic Law Program IV (one Library in the Digital World Look Like?” section) (spring 2011 only) Dean April Meldrum Associate Dean for In the process of Lawyering Skills Academics & Assistant conducting research for III (one section) Professor of Law an article regarding (fall 2010 only) parental consent to adoptions. Dean Jonathan A. Associate Dean for Just commenced Contracts I (two Marcantel Assessment & drafting an article sections) (fall 2010 Assistant Professor of tentatively entitled only) Law “Abolishing Specific Performance.” Contracts II (two sections) (spring 2011 only)

Name Title Current Research Courses Taught Projects Professor Sandra Associate Professor of In the process of Civil Procedure I Ruffin Law researching an article (two sections) (fall that will focus on 2010 only) government bailouts. Civil Procedure II (two sections) (spring 2011 only)

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Professor Cheryl Associate Professor of In the process of Criminal Law (one George Law drafting an article section) (fall 2010 regarding global sex only) trafficking. Academic Success I (one section) (fall 2010 only)

Evidence (one section) (spring 2011 only) Professor Charles Associate Professor of In the process of the Property I (two Lugosi Law drafting an article sections) (fall 2010 entitled, “The Giant only) Killer: Why the Equal Protection Clause and the Property II (two Fourteenth Amendment sections) (spring Applies to Private Conduct and State 2011 only) Action.”

In the process of drafting an article entitled, “The End of Prosecutorial Immunity? U.S. and Canadian Civil Tort Liability for Failure to Disclose Exculpatory Evidence to the Defense: The Negligent Accusation of Criminal Conduct: A New Tort Extending a Duty of Care to Factually Innocent Defendants.” Professor Bruce Assistant Professor of In the process of Torts I (one Beverly Law drafting an article section) (fall 2010 regarding the creation only) of a tort for parental alienation. Academic Success I (one section) (fall 2010 only)

Torts II (two sections) (spring 2011 only)

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Professor Heather Director of Lawyering In the process of Lawyering Skills Zuber Skills, Director of editing an article III (one section) Academic Success, and entitled “Furthering (fall 2010 only) Assistant Professor of Law Schools’ Progress Law on Improving Students’ Academic Success Academic Experience: I(one section) (fall Providing Students with 2010 only) Meaningful Feedback and Ways to Implement Academic Success the Feedback to Improve their Skills.” Program II (one section) (spring 2011 only)

Lawyering Skills II (one section) (spring 2011 only) Professor Melanie Assistant Professor of “Changing with the Torts I (one Reid Law Times: Why the CIPA of section) (fall 2010 1980 must fill in the gaps only) to meet the needs of 2010.” Accepted for Academic Success publication by Seton I (one section) (fall Hall Legislative Journal. 2010 only) In the process of researching an article Criminal Procedure on Narco-terrorism. (one section) (spring 2011 only) Professor Charles Visiting Assistant Lawyering Skills MacLean Professor of Law III (one section) (fall 2010 only)

Academic Success III (one section) (fall 2010 only)

Academic Success Program II (one section) (spring 2011 only)

Lawyering Skills II (one section) (spring 2011 only)

Page 236 of 281

Comparing the total number of Faculty members with the total number of librarians, the DSOL currently has a 2:1387 Faculty to librarian ratio, as the chart below indicates.

TOTAL FACULTY TO LIBRARIAN RATIO

Total Number of Full- Total Number of Total Number Faculty/Librarian Time Faculty Adjunct Faculty Librarians Ratio 11 4 5 Full-Time Faculty Ratio: 2.2 to 1

Adjunct Faculty Ratio: .8 to 1

Total Faculty Ratio: 3 to 1

The DSOL currently has a total of 121.64388 enrolled students389—fifty-three (53) full-time students and 104 part-time students. Accordingly, the DSOL currently has an 11:1 student/librarian ratio, as the chart below indicates.

TOTAL STUDENT TO LIBRARIAN RATIO

Total Number of Total Number of Total Number of Total Total Students Full-time Part-Time Number of Student/Librarian Students Students Librarians Ratio 121.64390 53 68.64391 5 Total Full-Time Student to Librarian Ratio: 11:1.392

Total Part-Time Student to Librarian Ratio: 14:1393

Total Student to Librarian Ratio: 24:1394

387 The actual number is 2.2. Thus, the actual ratio is 2.2 to 1. 388 This number represents the full-time equivalents. 389 The census date for this number is October 1, 2010. 390 This number represents the full-time equivalents. 391 The actual number of part-time students is 104. This number represents the full-time equivalents. 392 The actual number is 10.6 students to one (1) librarian. 393 The specific numbers are 13.728 students to one (1) librarian. 394 The specific numbers are 24.28 students to one (1) librarian. Page 237 of 281

While the librarians are primarily responsible for assisting the Faculty with their research, the Library employs five (5) student research assistants to assist the librarians and to assist Faculty with their research needs. Each of the student research assistants is available to all members of the Faculty on a first-come-first-served basis. As indicated in the charts below, the current Faculty to research assistant ratio is 2:1.

TOTAL FACULTY TO RESEARCH ASSISTANT RATIO

Total Number of Full-Time Total Number of Research Faculty/Research Assistant Faculty Assistants Ratio 11 5 2:1395

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Library has sufficient personnel to meet the needs of both the students and the Faculty.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

395 The specific numbers are 2.2 faculty members to one (1) research assistant. Page 238 of 281

Standard 605. SERVICES A law library shall provide the appropriate range and depth of reference, instructional, bibliographic, and other services to meet the needs of the law school’s teaching, scholarship, research, and service programs.

Statement of Condition at Initial Review:

The Duncan School of Law Library (“the Library”) provides reference, instructional, bibliographic, and other services to meet the needs of the Duncan School of Law (“DSOL”).

In terms of reference services, the Library provides reference services for faculty and students. The Library staff is regularly scheduled to provide sixty-two (62) hours of reference services each week. The reference schedule for the librarians is from 12:00 p.m. to 10:00 p.m. from Monday through Thursday; 12:00 p.m. to 6:00 p.m. on Fridays; and 2:00 p.m. to 10:00 p.m. on Sunday. Saturday reference hours from 10:00 a.m. to 6:00 p.m. are handled by research assistants and the Information Services Librarian who is on call for assistance when needed. The librarians’ offices are located throughout the building, making the librarians accessible to the Faculty and students throughout the day. For instance, David Walker, the Information Services Librarian, and Katherine Marsh, the Faculty Services Librarian, each have offices integrated between faculty offices and adjacent to the third-floor student reading area and Tennessee print collection. The Director of the Library’s office is on the third-floor, close to the central reading area and adjacent to a classroom. The offices of the Technical Services/Circulation Services Librarian, Ann Walsh Long, and the Emerging Technologies Librarian, Joshua Pluta, are located on the first floor near the main print collection.

Virtual reference is performed using a laptop or an Apple iPad and Microsoft Windows Live Messenger. Librarians are required to login to Window Live Messenger when they are scheduled for reference service and are available to students and faculty via Instant Messenger communication, telephone, and email. Librarians were also available to faculty and staff in person, on the telephone, and via email as long as the DSOL is open, pursuant to our open-door policy.

Additionally, the Library has developed a library liaison program, through which the Information Services Librarian assigns a librarian to each DSOL faculty member to assist with current and anticipated research needs; fill regular reference requests; design clipping searches to keep faculty members abreast of developments in their area; arrange for delivery of books, articles, and other materials; provide technical assistance with research databases and other library- related software; and provide bibliographic instruction. The Information Services Librarian, in conjunction with the Faculty Services Librarian, asks the faculty to complete a Faculty Interest Form to identify the information resource needs of each faculty member. The liaisons also meet with their assigned faculty members to assess research needs and preferences.

Furthermore, the Library has created a Research Assistant Pool, whereby qualified student applicants are hired and trained to provide research for faculty members on an as-needed basis. The Research Assistant Pool was formed in the spring of 2010 by the Information Services Librarian who hired, trained, and supervised the research assistants. The research assistants are now supervised by the Faculty Services Librarian.

Page 239 of 281

In terms of instructional services, librarians schedule training sessions on library databases for both students and faculty throughout the year. A series of faculty colloquia are offered by the DSOL Librarians and vendor trainers to teach the faculty how to use the various digital collections the library subscribes to or owns (eBrary, eBook Library, LexisNexis (ProQuest) Congressional, BNA Core Collection, etc.). In addition, the Library provides instructional tips to faculty regarding the various learning technologies implemented by the DSOL. The majority of the student training sessions are incorporated into the Lawyering Skills I program, although additional training sessions are offered in the spring to keep students abreast of new research resources.396

In terms of bibliographic services, the majority of the DSOL collection is digital and available to faculty and students both on-site and remotely. All students are issued laptop computers and instructed on how to locate legal resources available within the Library collection during their first-semester Lawyering Skills I course. Faculty members also have laptop computers that are used both on-site and remotely to access digital library materials. To the extent faculty or students require resources outside the existing DSOL collection, Interlibrary Loan, unmediated document delivery using ILLIAD from OCLC, and mediated electronic acquisitions through eBrary, eBook Library, and other collections, are available for students and faculty.

Additionally, circulation has been completely automated with a self-checkout unit from Integrated Technology Group (“ITG”), and a DiscExpress II unit securely delivers DVDs and CDs utilizing Radio Frequency Identification (“RFID”) tagging. The automated self- checkout/check-in unit is located in the main lobby. A receptionist desk is located directly across from the automated unit and staffed by a receptionist, a DSOL student, and/or a security guard. Because the DSOL’s primary collection is digital, many of the print resources are considered back-up copies. All DSOL faculty and students are issued library bar codes that are affixed to their DSOL IDs for use with the ITG check-out station. All materials have flexible, paper-thin RFID tags permanently affixed to them. Each RFID tag contains a tiny chip, which is both readable and writable, and can store information to identify items in the Library’s collection. All CD-ROM and DVDs are stored in a secure DiscExpress cabinet with their corresponding disc cases catalogued and shelved on the third floor. When faculty or students wish to check-out material from the collection, the self-checkout unit reads the RFID tags and links this catalog record to the faculty or student bar code. Faculty and students can also check- in their materials in the same way and place the returned material on a nearby book cart for re- shelving. Use of RFID technology allows the DSOL Library to scan the collection on the shelves with a scanning wand to for inventory purposes.

Furthermore, as part of Lincoln Memorial University (“University”) and sharing the same IP range, the Library has access to all of the University Library collections, databases, and services that are available from the main campus. The Library works with the University Library to develop procedures and policies for sharing materials between the two (2) libraries and share an ILLiad server through OCLC. To the extent faculty or students require resources outside the existing DSOL collection, several methods are available to meet these needs, including: Interlibrary Loan, unmediated document delivery using ILLiad, and mediated electronic

396 See Exhibit 130. Page 240 of 281 acquisitions through eBrary, eBook Library, and other collections, to supplement the DSOL collection.

In terms of other services, the Information Services Librarian, in conjunction with the Faculty Services Librarian, create a LibGuide for each member of the faculty, aggregating links to the electronic resources regularly used by the individual faculty members. The Information Services Librarian, in conjunction with the Emerging Technologies Librarian, create LibGuides for all first-year courses, aggregating links to the various electronic study aides the students have access to and linking to the holdings of relevant print resources contained within the University Library stacks. CALI lessons and AudioCaseFiles (audio opinions covered in the textbooks) are linked as well.

The Library provides all students with AspenLaw StudyDesk software that allows students to organize their notes, create outlines, and access Aspen ebooks. The Library provides Examples & Explanations, an Aspen study aide series, for all first-year classes, including: torts, civil procedure, criminal law, property, contracts, and evidence. Students can access additional Aspen course books that are available electronically via AspenLaw StudyDesk.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Library provides a range and depth of resources that meet the needs of the students and Faculty at the DSOL.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

Page 241 of 281

Standard 606. COLLECTION (a) The law library shall provide a core collection of essential materials accessible in the law library. (b) In addition to the core collection of essential materials, a law library shall also provide a collection that, through ownership or reliable access, (1) meets the research needs of the law school’s students, satisfies the demands of the law school curriculum, and facilitates the education of its students; (2) supports the teaching, scholarship, research, and service interests of the faculty; and (3) serves the law school’s special teaching, scholarship, research, and service objectives. (c) A law library shall formulate and periodically update a written plan for development of the collection. (d) A law library shall provide suitable space and adequate equipment to access and use all information in whatever formats are represented in the collection.

(a) The law library shall provide a core collection of essential materials accessible in the law library. (b) In addition to the core collection of essential materials, a law library shall also provide a collection that, through ownership or reliable access, (1) meets the research needs of the law school’s students, satisfies the demands of the law school curriculum, and facilitates the education of its students; (2) supports the teaching, scholarship, research, and service interests of the faculty; and (3) serves the law school’s special teaching, scholarship, research, and service objectives.

Statement of Condition at Initial Review:

The Duncan School of Law Library (“the Library”) adds MARC records to the LMU Piper Online Public Access Catalog (OPAC)397 in order to catalog print material and uses Serial Solutions to manage access to ebooks, eJournals, eSerials, government documents, and MARC records of digital collections the Library subscribes to or owns. These include titles from third- party vendor monograph collections, such as eBrary and eBook Library, and book publisher collections, such as Springer and ABC-CLIO (formerly Greenwood Publishing). Government documents are accessible via the LexisNexis (ProQuest) Congressional Collection and from the Cassidy Digital Law Collection. Cassidy’s Digital Law Collection provides access to over 3,000 free legal websites that include primary source law from all fifty (50) states. Cassidy creates MARC records for these sites and maintains and updates links on a monthly basis. Aquabrowser is used as the federated research platform to access all of the print and digital materials the Library subscribes to or owns.

The DSOL Library purchases print materials through Baker & Taylor YBP Library Services (“YBP”) pursuant to an on-going arrangement with YBP to acquire Hornbooks, Nutshells, Examples and Explanations, and other materials as they become available. The Library is using

397 In building the collection, the DSOL Library is adding significant collections of MARC records, with 856 field links to the full text, to a database hosted by a third-party that can be searched using Aquabrowser. Contracts and license agreements with a number of vendors include the delivery of bibliographic MARC records for each title. See Exhibit 136. The DSOL Library provides access to the full text of more than 939,000 items and will continue to provide access to additional collections to expand the collection. Page 242 of 281

YBP to catalog and process books that arrive shelf-ready. The Library uses GOBI to order print books from YBP that are not on standing order. For standing orders and other materials from West and Lexis that cannot be obtained through GOBI, materials are ordered directly from West or Lexis and shipped to Cassidy Cataloguing Services, Inc. Cassidy provides cataloging and processing services and forwards the materials to the Library in shelf-ready condition. The MARC records are later uploaded into the University’s OPAC by the Technical Services/Circulation Services Librarian.

DSOL faculty members participate in collection development by working with their library liaison to set up Hein’s electronic green slip notifications profiled to the faculty member’s interests. The DSOL faculty is able to review new publications in their subject areas and recommend materials that the Library should add to the collection. While the Library encourages building a digital collection, the librarians understand that some resources need to be obtained in print format.

CORE COLLECTION The majority of the digital core collection is owned either through purchasing the archives of a digital collection or entering into license agreements that provide perpetual access. CORE LMU 1. All reported federal court decisions and reported decisions of the highest appellate court of each state

United States Reports HeinOnline

United States advance sheets HeinOnline U.S. Reports slip opinions, SCOTUS Blog

United States Reports, Lawyer's edition LexisNexis

United States Reports, Lawyers edition advance sheets LexisNexis

West's Supreme Court Reporter West’s Supreme Court Reporter NRS PDF via Westlaw

West’s Supreme Court advance sheets Westlaw

United States Law Week BNA online

Federal Reporter West’s Federal Reporter NRS PDF via Westlaw, LexisNexis, Fastcase

Federal Reporter advance Sheets Westlaw, LexisNexis, Fastcase

Federal Supplement West’s Federal Supplement NRS PDF via Westlaw, LexisNexis, Fastcase

Federal Supplement advance Sheets Westlaw, LexisNexis, Fastcase

Page 243 of 281

Federal Appendix (unreported) Westlaw

Atlantic Reporter West’s Atlantic Reporter NRS PDF via Westlaw, LexisNexis, Fastcase

Atlantic Reporter advance sheets Westlaw, LexisNexis, Fastcase

Pacific Reporter 3d West’s Pacific Reporter NRS PDF via Westlaw, LexisNexis, Fastcase

Pacific Reporter advance sheets Westlaw, LexisNexis, Fastcase

North Eastern Reporter West’s North Eastern Reporter NRS PDF via Westlaw, LexisNexis, Fastcase s

North Eastern Reporter advance sheets Westlaw, LexisNexis, Fastcase

North Western Reporter West’s North Western Reporter NRS PDF via Westlaw, LexisNexis, Fastcase

North Western Reporter advance sheets Westlaw, LexisNexis, Fastcase

South Eastern Reporter West’s South Eastern Reporter NRS PDF via Westlaw, LexisNexis, Fastcase

South Eastern Reporter advance sheets Westlaw, LexisNexis, Fastcase

South Western Reporter* Print, West’s South Western Reporter NRS PDF via Westlaw, LexisNexis, Fastcase

South Western Reporter advance sheets Print, NRS PDF via Westlaw, LexisNexis, Fastcase

Southern Reporter West’s Southern Reporter NRS PDF via Westlaw, LexisNexis, Fastcase

Southern Reporter advance sheets West’s Southern Reporter NRS PDF via LexisNexis, Fastcase

West’s Tennessee Decisions** Print: 1928 – Current, Westlaw, LexisNexis, Fastcase

Federal Rules Decisions West’s Federal Rules Decisions NRS PDF via Westlaw, LexisNexis, Fastcase

Federal Rules Decisions advance sheets Westlaw, LexisNexis, Fastcase

Federal Claims Reporter Westlaw, and online at http://www.uscfc.uscourts.gov from 1997-Current

Federal Claims Reporter advance sheets Westlaw, and online at http://www.uscfc.uscourts.gov from 1997-Current

*Tennessee Decisions only

**The Tennessee Reporter was replaced by West’s Tennessee Decisions

Page 244 of 281

2. All Federal codes and session laws and LMU one annotated code for each state

United States Code HeinOnline

United States Code Annotated and updates Current in print, Westlaw

United States Code Services and updates LexisNexis

United States Statutes at Large Westlaw, HeinOnline

United States Congressional and Westlaw Administrative News

Alabama Westlaw, LexisNexis, Fastcase

Alaska Westlaw, LexisNexis, Fastcase

Arizona Westlaw, LexisNexis, Fastcase

Arkansas Westlaw, LexisNexis, Fastcase

California Westlaw, LexisNexis, Fastcase

Colorado Westlaw, LexisNexis, Fastcase

Connecticut Westlaw, LexisNexis, Fastcase

Delaware Westlaw, LexisNexis, Fastcase

District of Columbia Westlaw, LexisNexis, Fastcase

Florida Westlaw, LexisNexis, Fastcase

Georgia Westlaw, LexisNexis, Fastcase

Hawaii Westlaw, LexisNexis, Fastcase

Idaho Westlaw, LexisNexis, Fastcase

Illinois Westlaw, LexisNexis, Fastcase

Indiana Westlaw, LexisNexis, Fastcase

Iowa Westlaw, LexisNexis, Fastcase

Kansas Westlaw, LexisNexis, Fastcase

Kentucky Westlaw, LexisNexis, Fastcase

Louisiana Westlaw, LexisNexis, Fastcase

Maine Westlaw, LexisNexis, Fastcase

Maryland Westlaw, LexisNexis, Fastcase

Page 245 of 281

Massachusetts Westlaw, LexisNexis, Fastcase

Michigan Westlaw, LexisNexis, Fastcase

Minnesota Westlaw, LexisNexis, Fastcase

Mississippi Westlaw, LexisNexis, Fastcase

Missouri Westlaw, LexisNexis, Fastcase

Montana Westlaw, LexisNexis, Fastcase

Nebraska Westlaw, LexisNexis, Fastcase

Nevada Westlaw, LexisNexis, Fastcase

New Hampshire Westlaw, LexisNexis, Fastcase

New Jersey Westlaw, LexisNexis, Fastcase

New Mexico Westlaw, LexisNexis, Fastcase

New York Westlaw, LexisNexis, Fastcase

North Carolina Westlaw, LexisNexis, Fastcase

North Dakota Westlaw, LexisNexis, Fastcase

Ohio Westlaw, LexisNexis, Fastcase

Oklahoma Westlaw, LexisNexis, Fastcase

Oregon Westlaw, LexisNexis, Fastcase

Pennsylvania Westlaw, LexisNexis, Fastcase

Rhode Island Westlaw, LexisNexis, Fastcase

South Carolina Westlaw, LexisNexis, Fastcase

South Dakota Westlaw, LexisNexis, Fastcase

Tennessee Print, Westlaw, LexisNexis, Fastcase

Texas Westlaw, LexisNexis, Fastcase

Utah Westlaw, LexisNexis, Fastcase

Vermont Westlaw, LexisNexis, Fastcase

Virginia Westlaw, LexisNexis, Fastcase

Washington Westlaw, LexisNexis, Fastcase

West Virginia Westlaw, LexisNexis, Fastcase

Page 246 of 281

Wisconsin Westlaw, LexisNexis, Fastcase

Wyoming Westlaw, LexisNexis, Fastcase

3. All current published treaties and LMU international agreements of the U.S.

Treaties and International Act Series HeinOnline (TIAS)

United States Treaties and Other HeinOnline International Agreements (UST)

United States Treaties in Force (TIF) LexisNexis, HeinOnline

The Treaties and Agreements Library via HeinOnline contains all of the U.S. treaties, whether currently in force, expired, or not yet officially published. This library is the world's largest and most complete online collection of U.S. treaties and agreements. The most recent TIAS is available at the Department of States webpage http://www.state.gov/s/l/c8455.htm and Hein has added a United Nations collection that includes the UNTS Treaty Series.

4. All current published regulations (codified or uncodified) of the federal government and the codified regulations LMU of the state in which the law school is located.

Code of Federal Regulations (CFR) Current in print, Historical on HeinOnline

Tennessee Code of Regulations TN Secretary of State website, Westlaw, LexisNexis

5. Those federal and state administrative decisions appropriate to the programs of the law school LMU

Various Federal Agency Decisions Westlaw, LexisNexis, HeinOnline, Cassidy Digital Law Library

Tennessee Agency Reports Decisions Cassidy Digital Law Library

Page 247 of 281

6. U.S. Congressional materials appropriate to the programs of the law LMU school

Annals of the Congress HeinOnline (1789-1824)

Congressional Globe HeinOnline (1833-1873)

Congressional Record HeinOnline (1873-2005); Lexis Congressional (1873-1997)

Congressional Record Daily HeinOnline (1873-2010)

Committee Prints Lexis Congressional (1830-present)

Committee Hearings Lexis Congressional (1824-present)

House & State Reports Lexis Congressional (1817-Present)

Compiled Legislative Histories Lexis Congressional (1969-Present)

Serial Set Lexis Congressional (1789-2003)

7. Significant secondary works necessary LMU to support the programs of the law school.

Hornbooks, Nutshells etc Print, West Law School Exchange Digital Copies

Making of the Modern Law: Legal Gale Digital Treatises 1800-1926

Making of the Modern Law: Trials 1600- Gale Digital Collection 1925

Eighteenth Century Collection Online Gale Digital Collection

Making of the Modern World Gale Digital Collection

U.S. Supreme Court Records & Briefs: Gale Digital Collection 1832-1978

Gale Virtual Reference Library Gale Digital Collection

West’s Rise of American Law: 1840-1970 PDF via Westlaw Legal Texts

Matthew Bender online (over 200 titles) LexisNexis

Online full text databases managed by HeinOnline, Gale Digital Collection, BNA Core Collection, Serials Solutions

Westlaw and LexisNexis Treatises Westlaw, LexisNexis

Page 248 of 281

ABC-CLIO, eBook Library, eBrary, Full text digital book collections SpringerLink, etc.

The full text of all digital materials are searchable through Aquabrowser. 8. Those tools such as citators and periodical indexes, necessary to identify LMU primary and secondary legal information and update primary legal information

Tennessee, South Western Digest Print, Westlaw

American Law Reports Westlaw

American Jurisprudence Westlaw

Corpus Jurisprudence, 2d Print, Westlaw

Restatements of the Law Print, Westlaw, HeinOnline

Uniform Laws Annotated HeinOnline, LexisNexis, Westlaw

Index to Legal Periodicals: 1908-Current Wilson Web

Serials Solutions E -Journal Portal Aquabrowser

In addition to the core collection of essential materials, the library subscribes to EBrary which provides access to a collection of over 45,000 titles. Furthermore, to support the teaching, scholarship, research, and service interests of the faculty, the Library collection includes a number of collections to provide historic depth including the 22,000+ titles found in the Making of the Modern Law, over 136,000 titles in the Eighteenth Century Collection Online, 1,700 titles in West’s Rise of American Law, and the 400,000+ CIS Congressional records. All the titles in these collections have been added to Aquabrowser, the Library’s online catalog. The Library moreover has access to titles in EBrary, EBL, and MyiLibrary.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Library possesses or has access to the essential materials necessary to meet the needs of the students and Faculty at the DSOL.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

Page 249 of 281

Statement of Condition at Initial Review: The Director of the Law Library, under the supervision of the Dean of the Duncan School of Law, has developed an Information Assets Policy that provides the basis for the development of the library collection. The Information Assets Policy398 is discussed among librarians on a regular basis and reviewed annually for updating and then submitted to the Faculty for approval. The current Information Assets Policy was adopted by the Faculty on August 16, 2010.

Assessment by the Administration & Faculty: The Administration and Faculty believe the mechanism for creating and implementing the Information Assets Policy is effective and appropriate.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

398 See Exhibit 134. Page 250 of 281

(d) A law library shall provide suitable space and adequate equipment to access and use all information in whatever formats are represented in the collection. Statement of Condition at Initial Review:

The Duncan School of Law’s Library (“the Library”) has been integrated throughout the Duncan School of Law (“DSOL”) building and is designed to be a “library without walls.” There are quiet areas closely integrated in the physical collection that support the students’ classroom and course studies. There is study space created adjacent to faculty and librarian offices that fosters opportunities for student engagement outside the classroom.

Librarian offices have been embedded with the faculty to foster the opportunity for librarians and faculty to interact and work together to support student learning and for librarians to support faculty scholarship and research.

The DSOL has provided a wireless network throughout the DSOL Building and supplies all faculty and students with laptops that provide access to the digital library collection. This infrastructure also provides the backbone for the digital reference provided through Windows Live Messenger and course and faculty Libguides that have been created by the Library to support the needs of the students and faculty.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Library provides sufficient space and adequate equipment for access to its collection.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

Page 251 of 281

XI. FACILITIES

Standard 701. GENERAL REQUIREMENTS A law school shall have physical facilities that are adequate both for its current program of legal education and for growth anticipated in the immediate future.

Statement of Condition at Initial Review:

The Duncan School of Law’s (“DSOL”) physical facilities are the result of a long-term lease arrangement between Lincoln Memorial University (“University”) and the Old City Hall Partnership for the former City Hall Building in Knoxville, Tennessee399 (“the Facility”). According to the Lease, the Facility encompasses approximately 70,000 square feet of space,400 including offices, instructional space, library facilities, study rooms, student services, and other multiple-use spaces. By its previous lessee, the Facility was completely retrofitted with updated HVAC, utility services, lighting, and technology resources. With the exception of 2,200 square feet, the Facility is dedicated solely for the use of the DSOL.

The Lincoln Memorial University (“University”) has further renovated the Facility to accommodate the DSOL. Specifically, the University has employed mechanical engineers and HVAC specialists to repair and replace, as necessary, the climate control systems throughout the Facility to accommodate the required seating capacities and projected uses of the various rooms. For example, in the large lecture rooms, the HVAC systems are outfitted with new energy efficient systems capable of handling the projected maximum seating capacity.

The acoustics are a strong consideration, and sound engineers were employed when assessing technology needs to ensure all of the audio needs were fully met. For example, speakers are strategically placed throughout the ceiling to spread audio evenly throughout. Student microphones were placed in the ceiling in Room 101 to ensure students can hear each other, and all audio is appropriately recorded through the class capture system. Room 201 has push-to-talk microphones for students’ use.

Many rooms have new light fixtures installed. These fixtures use energy efficient fluorescent lights in an offset reflective fixture to make the light spread evenly while avoiding the harsh presentation of direct lighting. These light fixtures are used throughout the classrooms in the building. Softer incandescent light is deployed in certain study spaces.

The University’s technology infrastructure is adequate to handle the technological needs of the faculty, staff, and administration. The University provides technology support for teaching, scholarship, research, service, and administrative needs. The Facility has a wireless-n network throughout which allows students to easily access the various online resources offered by the Doctor of Jurisprudence (“J.D.”) program, the DSOL library, and the Carnegie-Vincent Library. The University also supports a fully-staffed information services division to assist faculty in the integration of technology and web-enhanced instruction into the learning environment. Two

399 See Exhibit 137. 400 The DSOL has measured the square footage of the Facility and believes the currently used space is approximately 46,076 square feet. Page 252 of 281

Information Services (“IS”) technicians are available to assist faculty members in the development and delivery of recorded lectures, provide technology support, and facilitate live interactive videoconferencing. The University’s IS department has expanded to include staff specifically dedicated to supporting DSOL. The IS technicians work full-time at DSOL. IS also provides user support for faculty, staff, and students through a link on the University web site.

In addition to the above, the University has contracted with Interactive Solutions to troubleshoot technology and network issues.401 During the first year that the DSOL was in operation, Interactive Solutions provided an on-site technician to address new technology issues. The University also occasionally contracts with Computer Information Systems (CIS) on a case-by- case basis. For instance, CIS installed and services portions of DSOL’s technological infrastructure such as the wireless networking.

Technology appropriations are included in the University’s operation budget for all learning sites and instructional classrooms. The University’s operational expenses for technology include administrative and staff salaries, student aid and work-study salaries, and significant technological expenses arising from the purchase, maintenance, and operation of the hardware and software used by the program. Additional ordinary course technology expenses include hardware upgrades and replacements.

DSOL uses Byrge Security Services for the Facility. Security officers are unarmed and possess no arrest authorization. However, they have a working relationship with local authorities, including telephone contact in the event of an emergency. A copy of the contract for security services is attached hereto as Exhibit 139. DSOL also employs electronic key-card access for all entry points of the building twenty-four hours a day to facilitate student safety. Only authorized University personnel, DSOL faculty, students, contract services, and staff possess key-cards for entry into the Facility.

The size of the facility can adequately accommodate the projected size of the Doctor of Jurisprudence (J.D.) program. Additionally, the DSOL anticipates occupying an additional building that is adjacent to the DSOL.

As to Interpretation 701-1, there is an entrance designated as handicap accessible to the Facility, along with special reserved parking spaces. All rooms in the building except one (1) are accessible to persons with disabilities. The only room that is not fully accessible is the room which has been designated as Room 130. As currently configured, Room 130 is a small-group study room which will accommodate approximately twenty-four (24) students. There are several other substantially similar study rooms throughout the Facility that are handicap accessible.

401 A copy of the contracts is attached hereto as Exhibit 138. Page 253 of 281

As to Interpretation 701-2, the DSOL provides sufficient instructional and study spaces to support its academic program. In terms of instructional and study spaces, the DSOL’s Facility provides the following:

Room # Number of Seats Description ______101 78 Large Classroom 110 8 Small Group Room 108 4 Entrance (2 Benches)* 109 20 Hallway (16 tables and 4 benches)* 110 8 Small Study Room* 111 8 Small Group Room* 112 8 Small Group Room* 115 9 Library Space* 117 9 Library Space* 126 6 Bench Seating Outside Library* 127 6 (4 Chairs and 2 Benches near Kitchen)* 130 24 Large Study Room 201 90 Large Classroom 208 6 Small Group/Skills/Study Room 209 7 Small Group/Skills/Study Room 210 7 Small Group/Skills/Study Room 212 7 Small Group/Skills/Study Room 211 2 Study Area (Outside 208)* 213 7 Small Group Skills/Study Room 214 7 Small Group Skills/Study Room 215 7 Small Group Skills/Study Room 223 12 Planned 227 12 Small Classroom/Seminar Room 229 12 Conference room / Small seminar room 246 24 Planned 301 59 (+16 planned) Third Floor Study Area402 305 12 Planned 308 30 Medium Size Classroom 310 30 Medium Size Classroom 322 18 Small Seminar Room 324 10 Small Seminar Room 325 30 Medium Size Classroom 326 16 Planned 338 12 Small Seminar Room (Jury Room) 340 117403 Large Lecture Hall (Courtroom)

402 This space currently has seating at tables for 36 students; sofa seating for 3 and loose seating for 20. 16 Additional seats will be furnished no later than February 15, 2011. The loose seating may be redistributed in other parts of the building. 403 The courtroom has student seating of 117, jury seating of twelve (12), counsel seating of four (4), witness seating of one (1), clerk seating of two (2), and judiciary seating of five (5). In addition, the courtroom has the capacity to expand student seating by sixteen (16). Page 254 of 281

404 8 Law Review Office* 405 14 Law Review Office* 409 9 Small Group Skills/Study Room 410 7 Small Group Skills/Study Room 411 7 Small Group Skills/Study Room 412 7 Small Group Skills/Study Room 414 30 Planned Reception Area 8 Bench Seating and 2 Chairs ______* Spaces denoted with an asterisk will be furnished no later than February 15, 2011.

Fourteen rooms are configured to work well as individual and group study rooms.404 Room 130 is also configured for group work. The group rooms with networked video cameras may be used for skills exercises.

There are two large classrooms—Room 101 and Room 201. As to Room 101, it accommodates seventy-eight (78) students and has the following technological infrastructure: multimedia connectivity supporting audio, video, networking, and controls on the podium; network cabling to podium; power to tables to support student laptop charging; wireless access for students, faculty, and staff; and capability to capture class lectures for streaming via MediaSite. The classroom is equipped with the following equipment: two 60” LCDs and two 42” LCDs for student viewing; 32” LCD for instructor viewing; a smart podium with PC, document camera, Sympodium, DVD/VCR, microphone (wired and wireless), and touch-screen control panel; Sympodium interactive pen display with SMART Notebook software; primary Crestron touch panel control system for multimedia presentations; digital archiving, retrieval and storage system of all audiovisual content; and a wired voice reinforcement system for the presenter. The room also includes ceiling microphones and ceiling speakers for sound presentation and student augmentation.

As to Room 201, the room accommodates ninety (90) students and includes the following: multimedia connectivity supporting audio, video, networking, and controls on the podium; network cabling to podium; capability to capture class lectures for streaming via MediaSite; power to tables to support student laptop charging; and wireless access for students, faculty, and staff. The technology deployed in Room 201 includes: multiple cameras with camera controller; two 60” LCD screens; a smart podium with PC, document camera, Sympodium, DVD/VCR, microphone, and touch screen control panel; Sympodium interactive pen display with SMART Notebook software; primary Crestron touch panel control system for multimedia presentations; digital archiving, retrieval and storage system of all audiovisual content; video teleconference, with presenter and audience tracking capability; and wired voice reinforcement system for the presenter and audience. The room also includes ceiling speakers for sound presentation and student augmentation.

Exhibit 140 includes diagrams of each floor and each classroom including projected technology to facilitate instruction. Each member of the DSOL administration and each faculty member has a dedicated office. The Dean of DSOL has a designated office suite and an executive assistant.

404 For more information regarding student study spaces, see response to Standard 703. Page 255 of 281

The Dean’s offices are equipped with a desk, credenza, hutch, office chair, client chairs, filing cabinet, and bookcases. The executive assistant has a desk, credenza (or L-shaped attachment), office chair, client chairs, filing cabinet, and bookcases. Furthermore, each full-time faculty member is provided an office for his or her exclusive use. Each office is technology-equipped. These offices are centrally located to common study areas. Study space for students is located throughout the building as well as primary study spaces on the third floor and on the first floor. Additionally, part-time and adjunct faculty members have a dedicated, technology-equipped office. Students have several small study rooms, as well as private space for individual study time or small focus groups.

In addition to the above, a courtroom (“the Courtroom”), still under construction, will provide a venue for trial and appellate court training opportunities and classroom instruction. It is anticipated that the Courtroom will be completed for classroom use by January 30, 2011, and for courtroom use by March 30, 2011. The Courtroom will be technologically advanced with a design engineered to affect the best possible teaching environment. The infrastructure will include the following: multimedia connectivity supporting audio, video, networking, and controls on the podium; network cabling; capability to capture class lectures for streaming via MediaSite; power to tables to support student laptop charging; wireless-n access for students, faculty, and staff; white noise masking technology for the jury box; and black-out shades for windows. The technology deployed in the Courtroom will include: multiple cameras with camera controller; two 130” screens and projectors; a smart podium with PC, document camera, Sympodium, DVD/VCR, microphone, and primary control; Sympodium interactive pen display with SMART Notebook software; primary Crestron touch panel control system for multimedia presentations; dimmable lights; digital archiving, retrieval, and storage system of all audiovisual content; video teleconference, with presenter and audience tracking capability; and wired voice reinforcement system for the presenter and audience. The considerations in programming the Courtroom are as follows:

117 seats in a classroom environment; 12 seats for a jury; 5 seats for judges; Serves as a courtroom for both mock trials and appellate arguments as well as real trials and appellate arguments; Podium will face the rear of the room for classroom instruction and will rotate 180 degrees for a courtroom environment; All aspects of presentation may be controlled from the podium with minimal support, thereby enabling faculty to be self-sufficient; deliver lectures using multimedia presentation techniques to enrich the learning environment; receive lectures and video teleconferences from distant locations; record lectures; and court interactions for later review; The room will use microphones for: students/participants, judges, and jurors and podium and witness microphones; Wired internet access is available to download content and access resources from the podium; Students will access the internet via wireless-n at their seats; Students will participate in the interactive feedback system; There will be projector viewing for: lawyers and audience participants; There will be 19” flat panel monitors for viewing by the jury, the witness, the attorneys, and the judges; There will be two 65” flat panel monitors for audience viewing; There will be two 55” flat panel monitors for viewing by the presenter; and

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In courtroom setting, the ability to record the voices of: judges; lawyers; witnesses; jurors, and the court reporter; capability to capture lawyer and witness at the same time. Judge(s) will use push-to-talk microphone(s).

As to Interpretation 701-2(2), the DSOL has designated sufficient space for its externship programs and its mock trial and moot court teams. The mock trial and moot court teams have dedicated office space at the DSOL in the office suite shared by other student organizations and the Dean of Students. It is anticipated that the Courtroom will be used by the mock trial and moot court teams for meetings, practices and competitions, with the first competition having recently been held therein in November 2010.

Once hired, the Director of Externships will have dedicated office space with furnishings and technology identical to that of other faculty members. Although the specific room has not yet been chosen, many vacant office spaces are available from which the administration may choose to provide for the use of the Director of Externships.

As to Interpretation 701-2(3), the DSOL provides an office for each of its full-time faculty members and provides one (1) office for the shared use of its adjunct faculty members. As to full-time faculty, each full-time faculty member has specific office space designated for his/her use. Specifically, the following is a list of the faculty office assignments:

Room Number Name of Faculty Member Office Furniture & Technology 226 Dean Sydney A. Beckman Desk, credenza, hutch, office chair, student chairs, filing cabinet, conference table, bookcases.

The Dean’s Suite contains an anteroom for his executive assistant. The Executive Assistant’s Office contains the following: desk, credenza, office chair, student chairs, filing cabinet, bookcases, sofa, and conference table.

The Dean’s Office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity

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Wired Network Connections Nortel 1120E Voice over IP telephone. Printer 320 Dean Gordon G. Russell Desk, credenza, office chair, student chairs, conference table, sofa, and bookcases.

This office suite also contains an anteroom and is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 230 Dean April Meldrum Desk, credenza, hutch, office chair, student chairs, filing cabinet, conference table, bookcases.

The Associate Dean’s Suite contains an anteroom for her assistant. The Assistant’s Office contains the following: desk, filing cabinet, office chair, and student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Wireless Connectivity Wired Network Connections Nortel 1120E Voice

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over IP telephone. Printer

335 Dean Jonathan A. Marcantel Desk, credenza, bookcases, filing cabinets, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 314 Prof. Sandra Ruffin Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 312 Prof. Cheryl George Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

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Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 337 Prof. Charles Lugosi Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 317 Prof. Bruce Beverly Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone.

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313 Prof. Heather Zuber Desk, credenza, bookcases, conference table, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 315 Prof. Melanie Reid Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 333 Visiting Prof. Charles Desk, credenza, bookcases, MacLean office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor

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Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 334 Adjunct Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Wireless Connectivity Wired Network Connections Desktop Computer and Monitor Nortel 1120E Voice over IP telephone.

In addition to the above, the DSOL anticipates expanding its full-time faculty according to the following projections:

Fall 2011-2012: Six (6) full-time faculty members Fall 2012-2013: Five (5) full-time faculty members Fall 2013-2014: Five (5) full-time faculty members

Anticipating this expansion, the following current rooms are designated as future office suites: 216, 217, 218, 219, 220, 221, 222, 235, 254, 255, 318, 329, 330, 404 and 405. Each of these offices will have the following furniture and technology: desk, credenza, bookcases, office chair, student chairs; Lenovo T400/T410 Laptop and Docking Station; Wireless Connectivity; Wired Network Connections; and Nortel 1120E Voice over IP telephone.

As to Interpretation 701-2(4), the DSOL provides suitable space for its co-curricular programs. Offices have been provided for the Student Bar Association, Moot Court and Mock Trial, Student Organizations and Law Review.

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As to Interpretation 701-2(5), the DSOL provides suitable space for its staff. Each staff member has dedicated space with the following furniture:

Name of Staff Title of Staff Location of Work Furniture and Member Member Space Technology Dr. James Dawson President Room 247405 Desk, credenza, hutch, office chair, student chairs, filing cabinet, conference table, bookcases. Lisa Cox Executive Assistant Room 248406 Desk, credenza, hutch, to the President office chair, student chairs, filing cabinet, bookcase. Kimberlee Bontrager Vice President & Room 249407 Desk, credenza, hutch, Chief Financial office chair, student Officer chairs, filing cabinet, conference table, bookcases. Dean Laura Hash Dean of Students Room 243 Desk, credenza, hutch, office chair, student chairs, filing cabinet, bookcase. Mr. Paul Carney Director of Room 253 Desk, credenza, hutch, Admissions office chair, student chairs, filing cabinet, conference table, bookcases. Ms. Michelle Baird Financial Aid Room 256 Desk, credenza, hutch, Coordinator office chair, student chairs, filing cabinet, bookcases. Mr. Christopher Director of Career Room 257 Desk, credenza, hutch, Cowart Services office chair, student chairs, filing cabinet, bookcases.

405 This is not the President’s primary office. Rather, the President’s primary office is on the main campus in Harrogate. 406 This is not the primary office for the Executive Assistant to the President. Rather, her primary office is on the main campus in Harrogate. 407 Ms. Bontrager’s primary office is located in Harrogate, TN at the University’s main campus. When at the DSOL, she shares office space with Katherine Reagan, the Director of Marketing who, likewise, has her primary office in Harrogate. Both staff members are at the School of Law one to two days per week. Page 263 of 281

Ms. Anita Monroe Executive Assistant Room 226 Desk, credenza, hutch, to the Dean office chair, student chairs, filing cabinet, conference table, bookcases. Ms. Trish Carroll Assistant to the Room 252 Desk, credenza, hutch, Director of office chair, student Admissions chairs, filing cabinet, bookcases. Ms. Victoria Kroeger Faculty Assistant Room 332 Desk, credenza, hutch, office chair, student chairs, bookcases. Ms. Heidi O’Donnell Faculty Assistant Faculty Office Suite Desk, credenza, office Hallway chair, student chairs, bookcases. Mr. Tyler Jennings Information Room 204 Desk, credenza, hutch, Mr. John Bramble Services office chair, student Technicians chairs. Ms. Courtney Maddux Assistant to the Room 230 Desk, credenza, hutch, Associate Dean for office chair, student Academics chairs, filing cabinet, bookcases. Mr. David Walker Information Room 316 Desk, credenza, hutch, Services Librarian office chair, student chairs, filing cabinet. Ms. Ann Long Technical Room 119 Desk, credenza, hutch, Services/Circulation office chair, student Librarian chairs, filing cabinet, conference table, bookcases. Mr. Joshua Pluta Emerging Room 113 Desk, credenza, hutch, Technologies office chair, student Librarian chairs, filing cabinet. Katherine Marsh Faculty Services Room 336 Desk, credenza, hutch, Librarian office chair, student chairs, bookcases. Katherine Reagan Director of Room 249 Desk, office chair, Marketing student chairs.

As to Interpretation 701-2(6), the DSOL provides suitable space for equipment and records in proximity to the individuals and offices served. Most offices have sufficient record storage within; however, for individuals whose roles at DSOL require them to maintain substantial student records and files, additional storage is available on the second floor of the building in Room 258 and on the third floor in Room 304. Room 258 is a secured entry room to which only members of the central administration, IS technicians, Deans’ assistants and Admissions personnel have admittance. All occupied offices have key-locked entries.

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Equipment related to the heat and air conditioning units, elevator, technology rack and power supply is maintained in Rooms 102, 103 and 104. Additional technology equipment is located in an anteroom within the suite of the Information Services Assistant in Room 204.

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Facility provides suitable space for the academic program. However, the Faculty are concerned that the faculty suites do not provide sufficient privacy for the myriad confidential conversations that occur in their offices.

Plan for Remediation:

The Dean has arranged for ISI to install and test a white-noise generator over the Christmas holiday to determine whether the acoustical concerns can be resolved through this method.

Timeline for Implementation:

Testing shall occur prior to the start of spring 2011 classes.

Date of Vote(s):

October 1, 2010, and December 17, 2010

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Standard 702. LAW LIBRARY The physical facilities for the law library shall be sufficient in size, location, and design in relation to the law school’s programs and enrollment to accommodate the law school’s students and faculty and the law library’s services, collections, staff, operations, and equipment.

Statement of Condition at Initial Review:

The Duncan School of Law Library (“the Library”) is designed as a library without walls. Accordingly, the Library permeates the Duncan School of Law building (“the Facility”). The Library is designed as primarily digital, and thus, the Library does not maintain one large, static space for its print collection. Rather, the Library’s print collection is comprised of two (2) areas on the first and third floors of the Facility. On the first floor, the Library comprises 3,755 linear feet of compact shelving. This space is proximate to the receiving area, the Technical Services/Circulation Librarian, and a reading area. The Emerging Technologies Librarian’s office is on the first floor adjacent to three (3) group study rooms and just outside the compact shelving area. On the third floor, the Library comprises 270 linear feet of short shelving for a Tennessee legal research collection which is integrated into an open reading area. The third floor area has seating for sixty (60) students408 and is adjacent to two (2) hallways where faculty offices—and librarian offices—are located. The design is intended to—and has been effective at—encouraging and enhancing faculty, student, and librarian interaction.

Consistent with designing the Library as one without walls, the Duncan School of Law (“DSOL”) has placed seating and provided wireless access throughout the Facility. In combination with the digital model of the Library, the entire collection can be accessed from any place within the Facility. The library provides virtual reference using Windows Live Messenger and has experimented with the librarians providing virtual reference using an Apple iPad. This allows the librarian on virtual reference duty to move throughout the building while at the same time remaining available to faculty and students.

Although the DSOL believes the integration of the Library throughout the Facility is effective for its educational model, the DSOL recognizes that students need group study space and has sheltered fifteen (15) group study rooms throughout the Facility. Fourteen (14) have space for up to nine (9) students. There is a quiet study space on the first floor that seats twenty-four (24) students.

In terms of collection, the Library has adopted a low-maintenance model. For instance, the Library uses Yankee Book Peddler (“YBP”) to provide shelf-ready materials. Additionally, the Library has installed a self checkout/check-in system, allowing self-checkout of all library materials and easy self-check-in by students and faculty. The self-checkout unit has been placed in the front lobby in sight of the reception desk.

408 Sixteen (16) additional seats are being added to this area. Those seats will be added on or before February 15, 2011. Page 266 of 281

Assessment by the Administration & Faculty:

The Administration and Faculty believe the Library is of sufficient size, location, and design.

Plan for Remediation:

Not applicable

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

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Standard 703. RESEARCH AND STUDY SPACE A law school shall provide, on site, sufficient quiet study and research seating for its students and faculty. A law school should provide space that is suitable for group study and other forms of collaborative work.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) provides sufficient study and research space for its students and faculty. Furthermore, in terms of its students, the DSOL provides space suitable for group study.

As indicated in the charts below, the DSOL currently has enrolled a total of 157 students—fifty- three (53) full-time students and 104 part-time students. To accommodate that enrollment, the DSOL currently has a total of 221 study seats throughout the building, including twelve (12) furnished study rooms. Thus, the DSOL’s availability of study space outnumbers its existing enrollment.

STUDENT STUDY SPACE

Total Number of Enrolled Total Number of Full-Time Total Number of Part-Time Students Students Students 157 53 104

Total Number of Seats Total Number of Study Total Seating Available in Available for Study Rooms (Rooms dedicated to Study Rooms (Rooms individual or group study) dedicated to individual or group study) 221 12 Furnished (an additional 102 (seats currently available) three (3) are unfurnished)

The capacity for each of the study rooms is the following:

Room Number Seating Capacity 110 8 (not currently included in the available seating, as the room is currently unfurnished) 111 8 (not currently included in the available seating, as the room is currently unfurnished). 112 8 (not currently included in the available seating, as the room is currently unfurnished). 130 24 208 6 209 7 210 7 212 7 213 7 214 7 215 7 409 9

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410 7 411 7 412 7

Furthermore, the following furnished study rooms contain the technology to enhance the group/collaborative learning environment:

Room Number Technology Available

212 Multimedia connectivity to laptop supporting audio, video, networking, and controls for Podium Network cabling Power to tables to support student laptop charging Wireless n access for students, faculty, and staff 42” LCD iMedia tabletop connection for laptop 2 cameras and microphone for instructor observation 213 Multimedia connectivity to laptop supporting audio, video, networking, and controls for Podium Network cabling Power to tables to support student laptop charging Wireless n access for students, faculty, and staff 42” LCD iMedia tabletop connection for laptop 2 cameras and microphone for instructor observation 214 Multimedia connectivity to laptop supporting audio, video, networking, and controls for Podium Network cabling Power to tables to support student laptop charging Wireless n access for students, faculty, and staff 42” LCD iMedia tabletop connection for laptop 2 cameras and microphone for instructor observation

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The remaining seating is available in the following places:

Seating available in the Library Seating available in the Atrium Reading Area 26 60

In addition to the student study spaces, each faculty member has sufficient space for research. Specifically, each member of the DSOL administration and each faculty member has the following dedicated office space, furniture, and technology:

Room Number Name of Faculty Member Office Furniture & Technology 225 Dean Sydney A. Beckman Desk, credenza, hutch, office chair, student chairs, filing cabinet, conference table, bookcases.

Both the Dean’s Office and the Executive Assistant’s Office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. Printer

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320 Dean Gordon G. Russell Desk, credenza, office chair, student chairs, conference table, sofa, and bookcases.

This office suite also contains an anteroom and is equipped with the following technology:

The Associate Dean’s Suite contains an anteroom for her assistant. The Assistant’s Office contains the following: desk, office chair, and student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. Printer

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325 Dean Jonathan A. Marcantel Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 314 Prof. Sandra Ruffin Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone.

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312 Prof. Cheryl George Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 337 Prof. Charles Lugosi Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone.

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317 Prof. Bruce Beverly Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 313 Prof. Heather Zuber Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone.

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315 Prof. Melanie Reid Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone. 333 Visiting Prof. Charles Desk, credenza, bookcases, MacLean office chair, student chairs.

This office is equipped with the following technology:

Lenovo T400/T410 Laptop and Docking Station Lenovo Monitor For Dual/Cloned Monitor Set-ups Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone.

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334 Adjunct Desk, credenza, bookcases, office chair, student chairs.

This office is equipped with the following technology:

Computer and Monitor Wireless Connectivity Wired Network Connections Nortel 1120E Voice over IP telephone.

In addition to the above, the DSOL anticipates expanding its full-time faculty according to the following projections:

Fall 2011-2012: Six (6) new full-time faculty members Fall 2012-2013: Five (5) new full-time faculty members Fall 2013-2014: Five (5) new full-time faculty members

Anticipating this expansion, the following current rooms are designated as future faculty offices and will contain the following furniture and technology: desk, credenza, bookcases, office chair, student chairs, Lenovo T400/T410 Laptop and Docking Station, Lenovo Monitor For Dual/Cloned Monitor Set-ups, Wireless Connectivity, Wired Network Connections, and Nortel 1120E Voice over IP telephone.

Title of Faculty Member Room Number Future Professor 217 Future Professor 218 Future Professor 219 Future Professor 220 Future Professor 221 Future Professor 222 Future Professor 329 Future Professor 330 Future Professor 235 Future Professor 238 Future Professor 239 Future Professor 240 Future Professor 241 Future Professor 242 Future Professor 243

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Assessment by the Administration & Faculty:

The Administration and Faculty believe the current study space is sufficient and appropriate. Nevertheless, student surveys have indicated the study space needs greater diversity. Specifically, students have indicated that the group study rooms are often “full” when one (1) student is in the room. Based on that, the students have indicated insufficient study space exists. The Administration believes this concern could be resolved by reconfiguring some of the study spaces.

Plan for Remediation:

Reconfigure some of the study spaces to include desks with partitions that are conductive to individual study.

Timeline for Implementation:

February 15, 2011

Date of Vote:

December 17, 2010

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Standard 704. TECHNOLOGICAL CAPACITIES A law school shall have the technological capacities that are adequate for both its current program of legal education and for program changes anticipated in the immediate future.

Statement of Condition at Initial Review:

The Duncan School of Law (“DSOL”) has implemented resources and technology to meet the curricular needs of DSOL faculty and law students. DSOL has provided each student with a laptop to provide wireless access to the Internet409 and electronic resources.410

The DSOL Facility (“the Facility”) encompasses approximately 46,076 square feet of space,411 including offices and spaces adequate for instruction, library facilities, study rooms, student services, and other multiple-use spaces. Specifically, the Facility includes four (4) state-of-the-art lecture halls. Room 101 has the following technology infrastructure: multimedia connectivity supporting audio, video, networking, and controls on the podium; network cabling to podium; power to tables to support student laptop charging; wireless access for students, faculty, and staff; and capability to capture class lectures for streaming out via the Internet.412 Additionally, Room 101 is equipped with the following equipment: two 60” LCDs and two 42” LCDs for student viewing; 32” LCD for instructor viewing; a smart podium with PC, document camera, Sympodium, DVD/VCR, microphone (wired and wireless), and touch-screen control panel; Sympodium interactive pen display with SMART Notebook software; primary Crestron touch panel control system for multimedia presentations; digital archiving, retrieval and storage system of all audiovisual content; and a wired voice reinforcement system for the presenter. The room also includes ceiling microphones and ceiling speakers for sound presentation and augmentation.

Room 201’s infrastructure includes the following: Multimedia connectivity supporting audio, video, networking, and controls on the podium; network cabling to podium; power to tables to support student laptop charging; wireless access for students, faculty, and staff; and capability to capture class lectures for streaming via the Internet.413 Additionally, the technology deployed in Room 201 includes: multiple cameras with camera controller; two 60” LCD displays; a 32” LCD for instructor viewing; a smart podium with PC, document camera, Sympodium, DVD/VCR, microphone (wired and wireless), and touch-screen control panel; Sympodium interactive pen display with SMART Notebook software; primary Crestron touch panel control system for multimedia presentations; digital archiving, retrieval and storage system of all audiovisual

409 DSOL has wireless-n access throughout the building. Thus, electronic databases such as Making of the Modern Law, Eighteenth Century Collection Online (ECCO), Lexis/Nexis CIS, Hein Online, and electronic journals, books, and manuscripts are accessible to all DSOL students via individual laptops throughout the Building. 410 Each student has a laptop computer that is capable of using the technology provided DSOL. Each laptop has an Intel Core 2 Due T9400 processor and 3 gigabytes of memory. Each laptop is wireless enabled and is loaded with Windows XP or Windows 7, Microsoft Office Suite, Microsoft Anti-Virus, and Lenovo Think Vantage OEM applications. 411 The DSOL has measured the square footage of the Facility and believes the currently used space is approximately 46,076 square feet. Nevertheless, the Lease reflects the square footage as 70,000 square feet. 412 The classroom lectures are video recorded, stored, and streamed online for review by students at their convenience. The technology deployed to accomplish this is Mediasite® by Sonic Foundry®. 413 The classroom lectures are video recorded, stored, and streamed online for review by students at their convenience. The technology deployed to accomplish this is Mediasite® by Sonic Foundry®. Page 278 of 281 content; video teleconference, with presenter and audience tracking capability; and wired voice reinforcement system for the presenter and audience.414

Room 308 has the following technology infrastructure: Multimedia connectivity supporting audio, video, networking, and controls on the podium; network cabling to podium; power to tables to support student laptop charging; wireless access for students, faculty, and staff; and capability to capture class lectures for streaming via the Internet. Additionally, Room 308 is equipped with the following equipment: one 60” LCD for student viewing; a smart podium with PC, document camera, Sympodium, DVD/VCR, microphone (wired and wireless), and touch- screen control panel; Sympodium interactive pen display with SMART Notebook software; primary Crestron touch panel control system for multimedia presentations; digital archiving, retrieval and storage system of all audiovisual content; and a wired voice reinforcement system for the presenter. The room also includes ceiling microphones and ceiling speakers for sound presentation and augmentation.

Room 325 has the following technology infrastructure: Multimedia connectivity supporting audio, video, networking, and controls on the podium; network cabling to podium; power to tables to support student laptop charging; wireless access for students, faculty, and staff; and capability to capture class lectures for streaming out via the Internet. Additionally, Room 325 is equipped with the following equipment: two 60” LCDs for student viewing; a smart podium with PC, document camera, Sympodium, DVD/VCR, microphone (wired and wireless), and touch- screen control panel; Sympodium interactive pen display with SMART Notebook software; primary Crestron touch panel control system for multimedia presentations; digital archiving, retrieval and storage system of all audiovisual content; and a wired voice reinforcement system for the presenter. The room also includes ceiling microphones and ceiling speakers for sound presentation and augmentation.

The Courtroom (Room 340) is technologically advanced with a design engineered to create the best possible teaching environment and an environment appropriate for both authentic and mock trials and appeals. The infrastructure includes the following: Multimedia connectivity supporting audio, video, networking, and controls on the podium; network cabling; capability to capture class lectures for streaming via the Internet; power to tables to support student laptop charging; wireless-n access for students, faculty, and staff. The technology deployed in the Courtroom includes: multiple cameras with camera controller; two 55” LCDs, two 65” LCD’s and two projectors projecting on 130” screens for instruction, viewing, and conferencing; a smart podium with PC, document camera, Sympodium, DVD/VCR, microphone (wired and wireless), and touch-screen control panel; Sympodium interactive pen display with SMART Notebook software; primary Crestron touch panel control system for multimedia presentations; digital archiving, retrieval and storage system of all audiovisual content; the ability to turn off select fluorescent lights; digital archiving, retrieval and storage system of all audiovisual content; video teleconference, with presenter and audience tracking capability; and wired voice reinforcement system for the presenter and audience.

414 Exhibit 140 includes diagrams of each floor and each classroom, including the technology in each to facilitate instruction. Page 279 of 281

In classroom mode, the podium will face the Courtroom and can control the camera, the video teleconferencing hardware for complete classroom functionality. In courtroom mode, the podium rotates 180 degrees to face the bench. In this mode, all functionality can be fully controlled by computers and touch panels located to the left of the bench in a location dedicated for this purpose.

As part of phase II planning for the Courtroom, the DSOL are planning white noise emitters for the jury box and black out shades for windows. The judges’ bench will have three (3) small LCD displays, five (5) microphones, and a switch which controls the white noise emitters which are located above the jury box. The jury box will also have microphones and six (6) small LCD displays for the jury members. All control racks for the courtroom are located in a secure and air conditioned room directly below the courtroom on the second floor.

The technological sophistication of the lecture halls and the Courtroom provides a number of educational benefits to the DSOL students. For instance, the MediaSite class-capture software permits students to view or review class lectures at any time either remotely or on-site at the DSOL. Furthermore, as described on the Turning Technologies website,415 the DSOL’s interactive-response system is an effective tool that facilitates pedagogical best practices and enhances student learning by transforming the classroom into an interactive and engaging learning environment and permitting professors to gauge student understanding instantly with visual charts in real-time. Finally, the use of SMART Notebook Software permits professors to write notes and draw diagrams during their lectures―both on a “white board” and on their Powerpoints―that immediately display on the LCD screens for viewing by the students. This permits professors to create a synergy between their oral and visual teaching techniques to accommodate different types of student learning.

In addition to the above, the DSOL also uses non-infrastructural technology to enhance its academic program. For instance, select courses use interactive textbooks which hyperlink cases, statutes, and reference materials. This permits students easy access to both primary and secondary sources that enhance comprehension, analysis, and application. Furthermore, the DSOL professors, in addition to more traditional methods of communication, use Windows Live Messenger to engage students outside the classroom. Finally, the DSOL possesses video- conference capability which will permit remote presentations to the students from any appropriately equipped location.

Due to the sophistication of the infrastructural and non-infrastructural technology, the DSOL has been especially proactive in providing technology training sessions for DSOL students and faculty. Training for students began during their orientation, continues throughout their studies, and is provided on an individual basis as needed.416 DSOL Faculty members were also trained immediately after their start dates and have additional training sessions throughout each academic semester.417

415 See Turning Technologies, available at: http://www.turningtechnologies.com (last visited December 15, 2010). 416 See Exhibit 130 for a list of technology training sessions for the students. 417 See Exhibit 120 for a list of technology training sessions for the faculty. Page 280 of 281

In terms of ongoing assistance, the University employs two (2) full-time IS employees who are dedicated to the DSOL Program418. Those employees assist students, faculty, and staff with any specialized technology questions that arise and provide ongoing assistance and training as needed. Furthermore, both students and Faculty have access to the University’s IS Help-Desk. Additionally, University IS Staff are available to provide ongoing assistance and training to both students and faculty.

While DSOL believes it is state-of-the-art currently, DSOL recognizes that technology changes quickly. Thus, to remain current, technology appropriations are included in DSOL and the University’s operation budgets.419

Assessment by the Administration & Faculty:

The Administration and Faculty believe the technological capabilities of the DSOL are a considerable strength for its academic program. To that end, however, the Faculty believes it could benefit from additional training sessions on the use of the technology available to it. Although the DSOL has had a number of training sessions for use of the technology, the Faculty believes the technology provides an amazing opportunity to greater enhance its academic program, if the Faculty were better versed on its more sophisticated uses.

Plan for Remediation:

The Faculty Development Committee, in combination with the Associate Dean and Director of the Library, shall hold monthly training sessions on the use of DSOL’s technology and its use in the classroom.

Timeline for Implementation:

Not applicable

Date of Vote:

December 17, 2010

418 The IS staff members dedicated to DSOL are John Tyler Jennings and John Gamble. A resume for Mr. Jennings is attached hereto as Exhibit 96. A resume for Mr. Gamble is attached hereto as Exhibit 96. 419 See Exhibit 135. Page 281 of 281