University Policies

The Faculty of Law is subject to academic policies approved by the University Senate. For a full listing of Senate Policies, see https://www.queensu.ca/secretariat/policies/student-policy-index

Tuition & Fees

The Board of Trustees reserves the right to make changes in the scale of fees if, in its opinion, circumstances so warrant.

Full details regarding tuition, ancillary, residence and administrative fees are here: http://www.queensu.ca/registrar/financials/tuition-fees

Faculty of Law Policies and Regulations

Academic Integrity

The Queen’s Law Academic Integrity Policy forms part of this academic calendar and is posted here: Academic Integrity Policy, Procedures and Forms. Questions may be directed to the Faculty of Law Academic Integrity Administrator identified in the policy.

Access and Privacy

Queen's University collects, maintains, uses, and discloses students’ personal information in accordance with the Ontario Freedom of Information and Protection of Privacy Act. As secondary custodians of student personal information faculties, schools and departments are subject to the Office of the University Registrar's Policy available at: http://www.queensu.ca/registrar/resources/policies/accessprivacy. Further information is available at: http://www.queensu.ca/accessandprivacy.

Assessment and Grading

Grading System

The grading system for the Faculty of Law is as follows:

Grading System (Law)

Letter Grade	Grade Point	Descriptor
A	4.0	Exceptional
A-	3.7	Excellent
B+	3.3	Very Good
B	3.0	Good
B-	2.7	Satisfactory
C+	2.3	Fair
C	2.0	Adequate
D	1.0	Marginal
F	0.0	Failure
P		Pass

Non-Evaluative Grades:

• IN (Incomplete): assigned when outstanding work is not completed. The IN to lapse to F if the work is not completed by the end of the following term;
• GD (Grade Deferred): similar to IN, but has no lapse rule;
• NG (Not Graded): Courses that span multiple terms are assigned a notation of NG until the course is completed;
• AU: audit; TR: transfer credit and
• DR: course dropped.

Mandatory Grading Policy

The Faculty has approved the following grading policies:

In lecture courses (i.e. courses other than seminars and small sections), B is the median grade, no more than 20% of students are awarded grades of A or A-, and no more than 20% of students are awarded grades of C+ or lower. 

In first year small section courses and upper year seminar courses, B or B+ is the median grade, no more than 30% of students are awarded grades of A or A-, and no more than 20% of students are awarded grades of C+ or lower.

These policies are subject to the following terms:

• The maximum percentages allowed for A/A- grades and C+ or lower are subject to a deviation of 5%;
• The median requirements are mandatory subject to the discretion to go above or below the median, provided this affects no more than 5% of the class; and

The enforcement mechanism is as follows:

• Where instructors do not comply with the above requirements, they are required to identify the number of students involved and to rank those students;
• The matter will be referred to the Associate Dean (Faculty and Academic Policy), who will attempt an informal resolution; and
• If the matter is not resolved, the grades will be adjusted to comply with the guidelines. The adjustment will be in accordance with the instructor's ranking and will be reported to the Academic Standing and Policies Committee. The instructor may appeal the adjustment to the Academic Standing and Policies Committee, which may confirm the adjusted grades or the instructor's nonconforming marks.

Exception³: Instructors are encouraged to comply with the mandatory grading policy, even in low enrolment courses. However, courses in which enrolment is less than ten may allow more grades of A and A minus, and a higher median.

Anonymous Grading Policy

In order to maintain anonymity in the evaluation of student work:

• Whenever possible, students should be evaluated and graded on an anonymous basis;
• Written tests and examinations, assignments and journal work, for which anonymous grading is feasible, shall be graded and recorded by the instructor on an anonymous basis;
• If available, recommendations for course prizes will be made anonymously by submitting the student number of the student with the highest grade in the class;
• This policy will apply to all classes; and
• This policy is not to be interpreted or applied in a way that discourages the use of individualized assignments or the giving of individualized guidance to students in the preparation of essays or other assignments.

Examinations and Assessment

University Examination Regulations

Academic Integrity

Academic integrity is fundamental to all scholarly activities, including the examination process. Queen's University adheres to the definition articulated by the Centre for Academic Integrity, that academic integrity is made up of the five core values of honesty, trust, fairness, respect and responsibility. This overview is adopted from the Fundamental Values of Academic Integrity. The Queen's University Policy on Academic Integrity is intended to supplement the policy on Academic Dishonesty presently found in University calendars and posted on the web. 

Breaches of academic integrity are considered entirely unacceptable within the University community and the student who commits such an offence runs the risk of a range of sanctions including a failure in the course or a requirement to withdraw from the University.

Prohibited Activity in Exams

The following are some examples of activities that are prohibited during an exam:

• impersonating another student,
• copying from another student,
• making information available to another student,
• communicating with another student, or
• using unauthorized material.

All breaches of academic integrity will be reported in writing by the Proctor on an examination incident report to the instructor of the course via the Exams Office. A breach of academic integrity in Faculty of Law computer examinations will be reported in an incident report. The instructor will receive the incident report and a copy will be provided to the Associate Dean (Faculty and Academic Policy). 

The Faculty of Law Academic Integrity Policy and Procedures form part of this calendar of academic regulations and is appended as Appendix 1. 

Conduct During Exams

• Any candidate arriving at an exam hall after the beginning of the exam will receive only the remaining time in which to write the exam. The late candidate's paper will be marked only at the discretion of the Faculty.
• No candidate will be allowed to leave the exam hall within thirty minutes of the start time of the exam.
• No articles such as textbooks, notes, books of tables, data sheets, graphs, paper, written material, calculators, etc., may be taken into the exam hall unless authorized by the instructor in writing at least 3 days before the exam.
• A candidate shall not remove any material issued for the examination from the examination hall. Each candidate must submit all issued materials before leaving the exam hall.
• Food, drinks (except water), recording or playback devices, and other electronic communication devices such as cell phones and other mobile devices are not permitted in the exam hall. Likewise, handbags, purses, and book bags are not permitted in an exam hall. Students should bring only essential items to the exam. The University assumes no responsibility for personal property lost in or near any examination hall.
• Students may bring (transparent recommended) bottled water into the examination hall.
• Candidates who have not left their exam table prior to the final fifteen minutes of the exam will be required to remain at their exam table until dismissed by the Chief Proctor.
• Students must submit information about illness or other circumstances affecting their work to the relevant Faculty within twenty-four hours of the exam in the course concerned.

Failure to comply with the regulations listed above or with the instructions of an exam proctor may result in a written report by the Chief Proctor which will be distributed to the instructor of the course, the Dean of the relevant Faculty, and the Exams Office.

Missing Queen’s Student Photo ID

If a student does not have a Queen's Student Photo ID Card at an official exam, the procedure in the following section will apply.

Students writing an exam without a Queen's Student Photo ID card will be assessed a fine of $50.00 per exam.

In April 2000, the Senate Committee on Academic Procedures, Sub-committee on Exams changed the procedure to identify students at exams. If a student does not have a Queen’s Student Photo ID Card at an exam, the following procedure will apply:

• The student’s attendance card will be stamped "No Queen's Photo ID".
• The student will be directed by a proctor to the Chief Proctor or Associate Proctor who will take a photograph of the student. The student will be asked to put their name, student number, course and number of the exam on a form. The personal information on the form is collected under the Royal Charter of 1841, as amended. The information collected will be used by the Office of the University Registrar to verify the identity of exam candidates who did not bring their Queen's Student Photo ID to a mid-year or final examination.
• The Exams Office will have the photo checked against the University's Photo Identification computer picture to verify that the student is actively registered in the course. If any discrepancies are found, the Exams Office will notify the professor of the course.
• A fine of $50.00 per exam will be charged and added as a debt the following working day after the exam(s) is written. The Senate Policy on Student Debtors applies.

Use of Calculators in Examinations

The Faculty of Law and the Exams Office have approved the CASIO 991 calculator for use, provided that the model does not allow for access to the internet nor has storage capabilities for unauthorized information.

Examination Accommodations and Extenuating Circumstances

Arrangements for examination accommodations should be made through Queen’s Student Accessibility Services. The deadlines for arrangements are 15 November for December examinations and 15 March for April examinations. Law students should contact the Equity and Academic Success Coordinator for assistance in ensuring that accommodations are arranged before the relevant deadlines. Students with short-term medical conditions or extenuating circumstances may contact the Equity and Academic Success Coordinator for assistance. Students will be required to provide medical documentation evidencing the need for accommodation. See also “Academic Standing Regulations”.

Examination Disruptions: Cancellations or Evacuations

http://www.queensu.ca/registrar/exams/cancellations-evacuations

Evacuation

Students should not depart from the official examination hall; students should evacuate as ordered, but not depart from the designated site pending further direction from their instructor, the instructor's designate or Campus Security. It may be possible to resume the examination at the official site or an alternative site following an evacuation caused by a disruption.

Cancellation for Inclement Weather

If adverse weather conditions cause a closure of the University, then an announcement of the official decision to close will be posted on the University website at www.queensu.ca. A posted official announcement of the closure means that all examinations scheduled for that particular day (or part thereof) are also cancelled. If an examination is cancelled, the instructor of the course will have the authority to decide how to deal with the cancellation of the exam and its effect on the course. Information will be posted on the Faculty website as soon as possible after the cancellation.

Conflicts and Timing 

Examination Conflicts

The Office of the University Registrar - Exams Office is responsible for all administrative matters regarding examinations under the policies and procedures of the University. The Faculty of Law administers all computer examinations and hand-written examinations. Accommodated examinations are administered by the Exams Office. Individual arrangements are made for each accommodated student. It is imperative that students notify the appropriate Faculty contacts as soon as they are aware of a conflict to allow time to make special arrangements.

If a conflict arises from the Faculty of Law Computer Exams schedule, arrangements to address such conflicts must be made by the Academic Standing and Policies Committee. 

The Faculty of Law adopts the University Policy concerning what constitutes an examination conflict. An Exam conflict is defined by a student's exam timetable containing any of the following: 

• two (2) exams at the same time;
• an exam at the same time as a religious observance; or,
• an exam in three (3) consecutive exam slots within 24 hours.

Exam Timing 

There shall be no exams or tests worth more than 25% scheduled during the last week of classes, and no exams or tests shall be scheduled between the last week of classes and the beginning of the official exam period.

Take Home Examinations 

• Centrally scheduled official examinations and computer examinations administered by the Faculty of Law at the law school should be no longer than three hours in duration.
• An examination longer than three hours may be administered as a take-home examination. 
• A take-home examination is an examination that students are permitted to write at a location of their choosing. A take-home examination is neither held nor supervised (proctored) at the law school. 
• Take-home examinations should not exceed eight hours in length. 
• Take-home examinations may be administered electronically to students at the discretion of the instructor. Instructors planning to hold a take-home examination should submit this information to the Director of Student and Academic Services for inclusion in the course information spreadsheet.
• Take-home examinations will be scheduled on the date assigned on the examination schedule for the course. Take-home examinations must be held within regular business hours from 8:30 a.m. to 4:30 p.m. from Monday to Friday. An exception may be permitted to allow Saturday scheduling for examinations in short-credit courses that end part way through the term. 

This policy does not apply to examinations that are privately administered by the instructor. Instructors who elect to administer their own examinations should take into consideration when setting such examinations the effects on the centrally administered examinations. As in the case of centrally administered examinations, instructors holding private examinations should include all relevant information regarding these examinations at the appropriate times.

Confidentiality, Reuse and Records Retention

Confidential Examinations

All final law examinations are classified “confidential”. Students will be required to submit their examination questions with their answer booklets before leaving the examination hall.

Reutilization of Examination Questions

• The reutilization of questions used on a previous law examination is strongly discouraged as it may cause unfairness or problems of academic integrity.
• Once a final examination has been administered, its confidentiality can no longer be guaranteed. Each academic year, after a course is fully graded and provided that the instructor gives permission for this release, the final examination will be released to the Law Library examination bank to facilitate exam preparation by students.

Retention Period for Examination Question Papers in the Law Library Exam Bank

Final examination question papers which have been authorized for release to the Law Library Exam Bank will be published online for a period of 10 years from the date of publication. Following the retention period, the electronic copy of the examination question paper will be removed from the Law Library Exam Bank.

If there is sufficient space in the Law Library, a hard copy version of each law examination will be retained by the Law Library. The Law Library holds examination question papers dating back to the establishment of the Faculty of Law in 1957.

Language-Based Requests for Additional Examination Time

All exchange students whose first language is not English and who will not be receiving a degree from Queen's University can apply to the Central Exams Office for an extra half hour of time in which to write final examinations and permission to bring one language translation dictionary to the examination room. The request form must be filed before November 15 for fall term exams and before March 15 for winter term examinations.

Language-based requests for additional time in examinations by Queen's JD degree program students, in the Civil Law-Common Law combined program who are not fluent in English should be submitted to the Faculty's Academic Standing and Policies Committee as early as possible. The same deadlines apply to these requests. Such requests must be renewed each year.

First Year Examinations and Non-Examination Assessments

The Faculty of Law administers first-year practice examinations as computer examinations. Proctors are arranged by the Faculty of Law.

1. Mid-Term Examinations for All First-year, Year Long Courses: The Faculty of Law recognizes the importance of encouraging multiple opportunities for assessment and feedback to enhance student learning. All first year, year-long courses shall have an examination at the mid-point of the course that shall count for 10% of the student’s final grade. Instructors in these courses may choose to permit this examination to count for up to an additional 15% of the student’s final grade, the additional weight (above 10%) counting only if it would benefit the student.
2. Non-Exam Assessment in First-year Small Section Courses: Each small section shall offer students at least one mandatory non-examination assignment, and that assignment or those assignments shall be worth at least 25% of the final grade.
3. Non-Exam Assessment in All Other First-year Courses: First-year courses other than those taught as small sections shall offer students at least one optional non-examination assignment, and that assignment or those assignments shall be worth at least 15% of the final grade. (Instructors may choose to make the assignments or assignments count toward the final grade only if it is better than the final examination).

The number and weight of assignments only apply to multi-term courses. Instructors in first-year courses in Public Law and Constitutional Law should be guided by these rules in setting assignments for the full year.

Academic Standing

All students must ensure that they remain in good academic standing. 

Registration/Status Requirements

Registration Status and Performance Requirements in the JD and Combined JD Degree Programs

Determination of Registration Status as Full-time or Part-time

Registration status as full-time or part-time will be determined at the point of admission by the Assistant Dean, JD Program in accordance with the admitted student’s approved offer at the time of admission or in accordance with an approved request for a change in status prior to registration. After registration, changes in registration status will be determined by the Academic Standing and Policies Committee or delegated to the Assistant Dean, JD Program.

Full-time Status in the JD Program or Combined JD Programs

Full-time students will be expected to register within 14 to 17 units of credit per term to preserve eligibility for merit-based awards. Permission must be obtained for a course over-load or course-underload from the Assistant Dean, JD Program as delegate of the Academic Standing and Policies Committee, Difficult issues pertaining to course-load or registration status will be decided by the Academic Standing and Policies Committee.

Part-Time Status

Part-time students are expected to adhere to all the rules and regulations of the JD degree program in addition to the rules and procedures that pertain specifically to part-time status in the JD degree or combined JD program. Part-time students are expected to complete the JD program within six years. In exceptional circumstances, the Academic Standing and Policies Committee may waive this requirement. 

Part-time JD or combined JD students will be subject to the same grading policy and promotion requirements as full-time students.

Part-time JD or combined JD students must have completed the pre-requisite courses in order to obtain registration in certain upper-year courses.

Part-time students may request a change in status to full-time prior to the commencement of any academic term and may thereafter return to part-time for any subsequent term or terms.

New incoming first –year part-time students are required to arrange their registrations in first-year courses with the Assistant Dean, JD Program. During the first year, part-time law students will be assigned to a small section and be expected to complete the legal skills and Legal Foundations Program.

In following years, part-time students are required to arrange their course registrations in the first-year courses required to complete the mandatory first-year curriculum with the Assistant Dean, JD Program. 

Academic Honours

Dean’s Honour List

Each academic year, JD degree program students whose grade point average (GPA) in Queen’s law courses places them within the top 10 per cent of their class in each of the three years of study will be named to the Dean’s Honour List.

Grade point averages are calculated after the end of each academic year for all law courses taken by JD degree program students during that academic year at Queen’s University and the preceding summer term in the International Law Summer Program at Queen’s International Study Centre.

Letter grades are converted to the four-point GPA scale, and the GPA for each student is then calculated after accounting for credit weights assigned to each course.

Consideration for the Dean’s Honour List in an academic year is subject to the following conditions:

• Full-time students in first year must have completed all of the seven compulsory courses for a total of 36 credits. Full-time students in each of the upper years must have completed a minimum total of 14 credits per term and 28 credits for the academic year.
• Part-time students in first year must have completed four of the seven compulsory courses for a minimum total of 20 credits. Part-time students in each of the upper years must have completed a minimum total of 7 credits per term and 14 credits for the academic year.
• Students who attend another university on an exchange or a letter of permission for one term will be considered on the basis of their GPA for law courses completed during the term at Queen’s University.
• Students who attend another university on an exchange or a letter of permission for an academic year will not be considered for that academic year.
• Students registered in a combined degree program will be considered for the Dean’s Honour List on the basis of grades for Law courses obtained in their respective year.
• Students who are granted paper or examination deferrals by the Academic Standing and Policies Committee will be added to the Dean’s Honour List after receipt of all their final grades if their GPA is greater than or equal to that of the student with the lowest GPA who was named to the Dean’s Honour List at the end of the academic year.
• Students who are placed on the Dean’s Honour List will receive a notation on their transcripts.

Full-time students in first, second and third year who obtain the top three GPAs in their classes will be recognized with awards as follows:

• Dean’s Gold Scholar Award: A plaque is awarded annually to the students obtaining the highest average in first, second and third year of the JD degree program.
• Dean’s Silver Scholar Award: A plaque is awarded annually to the students obtaining the second highest average in first, second and third year of the JD degree program.
• Dean’s Bronze Scholar Award: A plaque is awarded annually to the students obtaining the third highest average in first, second and third year of the JD degree program.

Any tie in students’ GPAs for a Dean’s Scholar Award at the end of the academic year will be dealt with by the Faculty’s Awards Committee at its discretion. Students who are granted paper or examination deferrals by the Academic Standing and Policies Committee will be awarded a Dean’s Scholar Award after receipt of all their final grades if their GPA is equal to that of the student who received that Dean’s Scholar Award at the end of the academic year.

Medal List

Each year, the graduating students obtaining the top three cumulative GPAs will be awarded medals as follows:

• Medal in Law: Awarded to the candidate graduating with the highest cumulative average in the JD program.
• Medal in Law-Second Highest Standing: Awarded to the candidate graduating with the second- highest cumulative average in the JD program.
• Medal in Law-Third Highest Standing: Awarded to the candidate graduating with the third-highest cumulative average in the JD program in the Faculty of Law.

In addition to the conditions for the Dean’s Honour List, to be considered for a graduation medal, students must have completed 36 first year credits and a minimum of 42 upper year credits in law courses at Queen’s University.

Students who will not be graduating until the Fall Convocation in any year will be considered for medals awarded for the subsequent academic year in competition with students graduating in the Summer Convocation of that year.

Note: GPA calculations are used for the purposes of determining students named to the Dean’s Honour List, and recipients of the Dean’s Scholar Awards and medals only. Queen’s Faculty of Law does not otherwise rank its students.

Experiential Learning Policy

During their upper year studies, JD students are required to successfully complete at least three credits in courses designated as Practice Skills courses and at least three credits in courses that satisfy the Advocacy requirement. The original policy setting out practice skills requirements for students was established by Faculty Board on 5 March 1998. Since the adoption of this policy, Queen’s Law has seen a significant increase in the number and types of practice skills and other learning opportunities that fall outside of the traditional lecture/seminar framework for legal education. In response to the growing interest and demand for experiential learning, Faculty Board modified the original policy on 25 March 2022, setting out limits for experiential learning as reflected in the matrix below. This policy is reviewed by the Associate Dean (Faculty and Academic Policy) and Assistant Dean, JD Program on an annual basis.

International Law Programs

The International Law Program (ILP), with streams in International Business Law (IBL), International Environmental Law (IEL), and Public International Law (PIL) are offered each May and June by the Queen’s University Faculty of Law. Admissions

Admissions

• The ILP is open to students in good standing who have completed at least one year in a JD, LLB or equivalent law program at an accredited Canadian or American university or a university with which Queen's is an exchange partner. Other applicants with a suitable academic or professional background in a related area may be admitted at the discretion of the Academic Director.

• Applicants must provide a transcript showing results in any completed law school courses. Applicants, depending on their circumstances, may also be asked to provide other transcripts, a letter of permission, academic references, and/or proof of fluency in English.

Enrolment

Courses in the IBL program:

• Law 673 Introduction to International Business Law (3 credits)
• Law 454 International Economic Law (3 credits)
• Law 666 International Commercial Law (3 credits)

Courses in the IEL program: 

• Law 660 Introduction to International Law in the Anthropocene (3 credits)
• Law 661 The Law of Oceans, Air and Space (3 credits)
• Law 662 International Environmental and Climate Law (3 credits)

Courses in the PIL program:

• Law 670 Introduction to International Law and Institutions (3 credits)
• Law 664 The Law of Armed Conflict and International Crimes (3 credits)
• Law 665 International Protection of Human Rights and Refugees (3 credits)

Students must enrol in all three of the IBL, IEL or PIL courses in a single year except with permission of the Academic Directors and may not take in a single year a combination of courses from two or three streams not take in a single year a combination of courses from two or three streams except with permission of the Academic Directors.

Law 660, 670, and Law 673 are taken in the first two weeks of the ILP, and portions of those courses may be taught jointly.

Law 673 is a prerequisite for Law 454 and Law 666; Law 660 is a prerequisite for Law 661 and 662; and Law 670 is a prerequisite for Law 664 and Law 665, except with permission of the Academic Directors. There are no other prerequisites for the ILP courses.

Students may enrol in any of the ILP courses after taking any upper-year JD courses at Queen’s and may take any JD courses at Queen’s after completing any of the ILP courses.

Students who have completed the IBL, IEL, or PIL stream may apply to enrol in another program in a subsequent year, except that students may only receive credit for two of Law 660, Law 670 and Law 673 with permission of the Academic Directors.

Academic Credit

Queen’s JD students must complete a minimum of 59 upper-year credits, and usually do so with 14-17 credits in each of four terms. Students may not use ILP credits to reduce to part-time status but may seek permission from the Faculty to take 12 or 13 credits as a full-time load in 1 or more upper-year terms. Students enrolled in fewer than 14 credits are ineligible for certain honours and awards.

Grading Policies and Accommodations

Faculty of Law academic policies, including those with respect to anonymous grading, the grading system, mandatory grading, course prizes, and academic integrity, apply with any necessary modifications to the ILP.

The Faculty of Law’s Academic Standing and Policies Committee determines issues in the ILP such as accommodations, late course drops, examination deferrals, and special or supplemental examination privileges.

Extensions for the submission of written coursework during the period of the ILP may be granted by an instructor after consultation with the Academic Directors. Longer extension requests must be referred to the Academic Standing and Policies Committee.

Certificates of Completion

Students who successfully complete all courses in the IBL, IEL. or PIL stream are awarded a Certificate of Completion. The certificates of the students with the three highest averages in each of the streams each year will indicate that the students completed their program "With Merit".

Letters of Permission

Domestic Letter of Permission

A limited number of students are permitted to study at another law school in Canada for one term or academic year in their second or third year of law. A Queen's JD student may apply for a letter of permission to study at another Canadian law faculty subject to the condition that the student has or will complete first-year law together with a minimum of 28 upper-year credits in residence at Queen's Faculty of Law. Personal and academic factors provided by the applicant are weighed in determining whether they will be granted a letter of permission. The student granted a letter of permission must ensure that they complete all other Queen's JD degree requirements. A letter of permission from Queen's Faculty of Law serves as official recognition that upon conditions set forth in the letter, courses successfully completed in the specified Canadian law school will be accepted for credit towards the Queen's JD degree. Students must complete the Substantial Term Paper Requirement at Queen's. Students are strongly encouraged to complete the Mandatory Course Requirements (Law 225 Civil Procedure, Law 440 Business Associations, Law 334 Legal Ethics), the Practice Skills Requirement and the Advocacy Requirement at Queen's. Any student wishing to complete a degree requirement while on a letter of permission must seek the approval of the Assistant Dean, JD Program. 

International Letter of Permission

Law students may apply to the Academic Standing and Policies Committee for a Letter of Permission for International Study to study for one term at a law school with which Queen's Law does not have an official exchange agreement. A letter of permission from Queen's Faculty of Law serves as official recognition that upon conditions set forth in the letter, courses successfully completed in the specified Canadian law school will be accepted for credit towards the Queen's JD degree. The student must satisfy the Faculty of Law's Residency Requirement: a minimum of 28 upper-year credits must be taken in residence at Queen's Law. Students must complete the Substantial Term Paper Requirement at Queen's. Students are strongly encouraged to complete the Mandatory Course Requirements (Law 225 Civil Procedure, Law 440 Business Associations, Law 334 Legal Ethics), the Practice Skills Requirement and the Advocacy Requirement at Queen's.

Registration in Courses at Queen's Outside the Faculty of Law

In recognition of the nexus between law and other disciplines, especially the social sciences, the Faculty of Law may allow upper-year students to enrol for credit in final-year honours and graduate courses in other non-law Faculties. Students may normally enrol in outside courses for a maximum total of 12 credits in their upper years of law studies as long as such courses are taken as part of a registered JD term. The amount of credit for each course will be determined by the Academic Standing and Policies Committee. In order to enrol in an outside course, interested students should first seek the permission of the instructor concerned, and then apply to the Academic Standing and Policies Committee for permission to take the course. In considering such applications, the Committee may take into account among other things, i) whether the course is likely to improve the student's legal education, and ii) whether the course overlaps excessively with work which the student has done previously. No credit will be given for courses offered by other non-law Faculties taken in summer and summer terms.

Faculty of Law Commitment to Equality

The Faculty of Law recognizes the right of all persons to equality and the fact that the fundamental principles of equality are not well enough served by a legal community which remains disproportionately male and white. The Faculty has demonstrated a commitment to ameliorating the historic and current inequalities between women and men. It has also demonstrated a similar commitment to rectifying the inequities faced by various minorities in our society, particularly visible minorities. The members of the Faculty of Law will continue to expand their efforts in this direction, and in particular employ the following measures:

1. Materials Used in the Law Faculty

a) Casebooks and Materials Produced by Faculty Members - efforts will be made to ensure that all materials and manuals produced by faculty members are written so that female and male pronouns appear alternatively or conjointly, so that members of minority groups are included and so that the materials reflect a sensitivity to issues affecting women and members of minority groups. In no event is a gender or minority group to be needlessly portrayed in stereotypical, pejorative or derogatory terms. 

b) Published Materials - The guidelines set out above should be followed when faculty members select externally published materials. When the materials are perceived by the instructor to omit significant legal issues relevant to the historic or current unequal treatment accorded to women and members of minority groups, or to inadequately represent them or their interests, the instructor should endeavour to compensate for such omissions or inadequacies in his or her discussion and presentation of the published materials or through the use of supplementary materials. Efforts to this end might include:

i. classroom discussion of any perceived omissions in or inadequacies of the materials; ii. circulation and discussion of supplementary materials that, for example, describe the legal history underlying any discriminatory aspects of the law, analyze any discriminatory aspects of the law, and/or include proposals for reform of discriminatory aspects of the law; 

ii. assignment of topics for independent or group research that encourage students to supplement perceived gaps in the materials through undertaking original research on issues such as those described above; 

iii. use of guest speakers from within the student body, the Faculty, the University, the local community and elsewhere to facilitate and promote discussion of topics related to equality that are not addressed in the materials; and 

iv. encouragement of students to point out any further perceived omissions in or inadequacies of the materials. 

2. Language in the Classroom, in Assignments and in Examinations - Where possible and appropriate, language in the classroom, in assignments, in moot problems and in examinations should be such that women and men appear in roles alternatively or conjointly and members of minority groups are included. In no event is a gender or minority group to be needlessly portrayed in stereotypical, pejorative or derogatory terms. 

3. General Awareness - Faculty members should be conscious of and encourage any student effort to develop thoughts and theories concerning the relationship between discrimination and the law Academic Standing & Policies Committee. 

Academic Standing Regulations

Academic Standing and Policies Committee

Composition

The Academic Standing and Policies Committee (ASPC or Committee) consists of five people: three faculty members (one of whom shall be Chair); the Assistant Dean, JD Program (Assistant Dean); and the Equity and Academic Success Coordinator (Coordinator).

Faculty members for the ASPC are normally appointed by Faculty Board in advance of the upcoming academic year. The Committee term length for Faculty members is normally from 1 July - 30 June.

The Chairperson shall be a tenured Faculty member.

The Assistant Dean, JD Program (Assistant Dean) and the Equity and Academic Success Coordinator (Coordinator) are ex officio non-voting members of the ASPC.

Additionally, two student members shall be appointed to the ASPC for the purpose of addressing only Academic Policy Matters (as defined below). Student members are not permitted to participate in or vote on matters involving academic standing of individual students.

All faculty and student members of the ASPC have the right to and vote on Academic Policy Matters. Student members may initiate and fully participate in addressing Academic Policy Matters.

For decisions dealing with academic standing matters of individual students, the Director of Indigenous Initiatives and Equity, Diversity and Inclusivity and the Director, Student and Academic Services are ad hoc members of the Committee who can be called upon by the Chair to provide consultation and recommendations as required.

Where the ASPC is reviewing a decision of the Assistant Dean pursuant to this policy, the Assistant Dean will be excluded from the deliberations.

Role

The Academic Standing and Policies Committee (ASPC) has a dual role: addressing individual student matters regarding academic standing and addressing Academic Policy Matters.

Academic Policy Matters

The ASPC addresses matters of academic policy concerning academic standing generally (called “Academic Policy Matters”), usually on referral from Faculty Board. These are not individual student matters but instead are matters that affect the Faculty of Law as a whole. The student members of the Committee are involved in the Committee’s work respecting Academic Policy Matters.

The ASPC does not have jurisdiction to review or amend existing academic policies without referral from Faculty Board. The ASPC reports back to Faculty Board on the matter referred.

Individual Student Matters

Most of the Committee’s work addresses matters of individual students’ academic standing.

When addressing individual student matters, the ASPC’s purpose is to ensure that each student in the Faculty is provided with a reasonable, realistic, and equitable opportunity to succeed in the JD program. In making decisions about an individual student’s academic standing, the ASPC will undertake its decisions in an objective and unbiased manner, while ensuring that decisions regarding similar circumstances are applied consistently and in keeping with the academic standards of the Faculty of Law.

Jurisdiction: Individual Student Matters

The ASPC is charged with determining issues of academic standing for Juris Doctor (JD) students at the Faculty of Law.

Matters for decisions about an individual student’s academic standing are brought before the ASPC either by student-initiated requests or by request of the Assistant Dean.

Matters addressed by the ASPC include:

• special examination privileges where performance on an exam was adversely affected by documented extenuating circumstances;
• supplemental examination privileges for a course in which the student has failed the course;
• placing students on Academic Probation, and returning a student to good academic standing;
• determining whether a student will be subject to a Requirement to Withdraw (RTW) on the basis of poor academic performance, determination of any conditions for reinstatement and assessment of requests for reinstatement following an RTW;
• reduced academic load;
• extensions for the late submission of coursework;
• deferral of exams;
• late add or late drop of courses after the designated add/drop period has expired;
• change of status from part-time to full-time or from full-time to part-time;
• course overload or underload in a term;
• approval of an international study abroad program on a letter of permission when transfer credits are sought to the Queen's JD degree;
• language-based examination accommodations (exchange students only);
• review of decisions made by the Assistant Dean under this policy;
• requests to take second-year mandatory courses during third year;
• requests for Academic Leave (stop-out); and,
• any other matter involving academic standing of individual students.

The ASPC does not deal with matters of academic integrity. For information about academic integrity processes and procedures, see the Queen’s Law Academic Integrity Policy.

The ASPC does not make decisions about academic or other accommodations of individual students that may be required under the Ontario Human Rights Code or the University’s Academic Accommodations for Students with Disabilities Policy.

Jurisdiction: Compliance with the Mandatory Grading Policy

The ASPC also receives final grades from all courses and confirms that grades meet the requirements of the Faculty’s mandatory grading policy. The ASPC also makes a decision about requests from instructors for submission of nonconforming grades.

Confidentiality 

The ASPC regularly deals with private personal information of students. This requires absolute confidentiality. To that end, the proceedings of meetings, matters discussed, and identity of students shall not be discussed with people who are not either subject to or part of the ASPC proceedings. Individual faculty members will be informed about decisions affecting students in their courses and, if necessary to address individual circumstances, may be given an explanation of the reasons for a decision regarding an individual student in their class, in which case the faculty member shall keep this information confidential. 

Role of the ASPC Chairperson

The Chairperson (or delegate) shall preside over all meetings of the ASPC. In cases that include outcomes such as placing students on Academic Probation or the Requirement to Withdraw, the Chairperson shall provide the student with a written decision that provides the reasons for the decision and the conditions for lifting of such outcome(s). Other decisions may be communicated to students by the Assistant Dean or the Coordinator. 

Delegation to the Assistant Dean, JD Program 

The role of the Assistant Dean

The role of the Assistant Dean is to act as an advisor to the Committee. As such, the Assistant Dean will be expected to brief the Committee on the issues in question, provide background information, and may make recommendations about possible outcomes. The Assistant Dean is not a voting member of the ASPC.

Delegated Matters

The ASPC has delegated to the Assistant Dean the initial authority to deal with student requests for:  

• extensions for the late submission of coursework until the end of the examination period;
• deferral of exams until the expiry of the designated deferral dates for each term;
• late add or late drop of courses after the designated period has expired, but prior to the end of classes for each term;
• change of status from part-time to full-time or from full-time to part-time;
• course overload or underload in a term;
• approval of an international study abroad program on a letter of permission when transfer credits are sought to the Queen's JD degree;
• language-based examination accommodations (exchange students only);
• taking second-year mandatory courses during third year; and,
• Academic Leave (stop-out).

Where the Assistant Dean determines that it would not be appropriate to exercise the delegated powers outlined above or the Assistant Dean is unavailable to make the decision, such matters shall be referred to the ASPC for consideration and will be addressed in accordance with this policy.

Reconsideration and Appeal of the Assistant Dean’s Decision

A student who is dissatisfied with a decision made by the Assistant Dean about one of the matters listed above may appeal to the ASPC to review that decision by notifying the Assistant Dean who will inform the Committee of the student’s request. A student who obtains new or additional evidence that was unavailable at the time of the Assistant Dean’s original decision may submit such new evidence to the Assistant Dean with a request for reconsideration based on the new evidence. Such reconsideration will only be available where the student can establish that such evidence was not reasonably available at the time of the original application.

Authority Not Delegated by the APSC

The Assistant Dean’s delegated authority does not include the following matters which are to be considered by the faculty members of ASPC in accordance with this policy: 

• extensions for the late submission of coursework beyond the end of the examination period for a term;
• deferral of exams beyond the expiry of the designated deferral dates for a term; and
• late drops after end of classes during which the course was taken.

Role of the Equity & Academic Success Coordinator

The Equity and Academic Success Coordinator (the Coordinator) is the administrator for the ASPC. The Coordinator schedules meetings, provides background information on files, and maintains a confidential database of ASPC decisions. The Coordinator is the primary contact between the ASPC and Queen’s University Student Wellness Services and Queen’s Student Accessibility Services.

The Coordinator is the primary contact for most students making application to the ASPC, though students may also communicate directly with the Assistant Dean.

Quorum

For matters regarding a Requirement to Withdraw on the basis of academic performance, the ASPC must have a quorum of three voting (faculty) members plus either or both the Assistant Dean or the Coordinator as advisors.

For all other matters dealt with by the Committee, the ASPC requires a quorum of two voting faculty members (who must be in agreement on the outcome if only two are present) and either or both the Assistant Dean or the Coordinator.

Academic Consideration 

Request for Academic Consideration for Extenuating Circumstances 

Extenuating circumstances are defined as personal circumstances, beyond the student’s control, that have a direct and substantial impact on the student’s ability to meet essential academic requirements or standards.

Consideration is based on the principle of good faith, wherein the university and instructors understand that student circumstances and documented requests are legitimate.

Academic Consideration is governed by the University Senate Academic Consideration for Students in Extenuating Circumstances Policy.

Consideration options may be decided by the Law Accommodations office in conjunction with the instructor, the Academic Standing and Policies Committee (ASPC) and/or the Assistant Dean, JD Program. Options may include:

• an excused absence;
• a deferral;
• an extension;
• course withdrawal with or without penalty (this requires an application to the Academic Standing and Policies Committee (ASPC); or
• other options at the discretion of the instructor.

Qualifying for Academic Consideration

Circumstances Qualifying for Academic Consideration

Circumstances qualifying for Academic Consideration include, but are not limited to:

• Health Condition or Injury
  • Short-term physical or mental illness (e.g., flu, pneumonia, or a short-term anxiety/depression); or
  • Serious Injury to self or significant others.
• Traumatic Event
  • Bereavement (e.g., death of a family member or close friend);
  • Serious injury or illness of significant other or family member (e.g., surgery); or,
  • Traumatic Event (e.g., sexual assault, crime, etc.).
• Approved Significant Event
  • Varsity Athletic Event (requires Request for Excused Absence for Significant Events Form);
  • Distinguished Event (requires Request for Excused Absence for Significant Events Form); or,
  • Court Dates (e.g., Jury Duty, summons).
• Other
  • If a student is experiencing an unforeseen short-term circumstance that is not listed above, the student should contact the Law Accommodations and Academic Support Services office for guidance.

Circumstances Not Qualifying for Academic Consideration

The following circumstances do not qualify for Academic Consideration: 

• Academic Accommodations – (See Academic Accommodations).
• Academic or Exam related stress – Students who are experiencing academic or exam related stress should seek support by contacting Student Wellness Services.
• Personal Events – Family events (e.g., weddings or vacations), competing commitments (e.g., work, volunteer duties, etc.).
• Technological difficulties – Computer crashes, Wi-Fi issues, hardware/software, etc. do not qualify as it is the student’s responsibility to ensure they have access to the tools required for study.
• Religious Observances – These are covered under the Queen’s University policy on religious holidays outlined on the Religious Accommodation page.
• Transportation – e.g., late train or traffic.

Applying for Academic Consideration

All requests for Academic consideration for the JD program in the Faculty of Law should be submitted to law.accommodations@queensu.ca and shall include:

• the Request for Academic Consideration for Extenuating Circumstances Form;
• the course code;
• the name of the instructor;
• details of the request;
• the reason for the request; and
• Any relevant documentation.

Requests will be reviewed by the Equity and Academic Success Coordinator to ensure the form has been completed and the requisite documentation has been included. The Coordinator will review the timeline and severity of impact of the extenuating circumstances based upon the supporting documentation provided. All documentation submitted remains confidential to the Coordinator and to the ASPC. Documentation is not shared with instructors. The Coordinator will contact the instructor to arrange for Academic Consideration once the circumstances have been verified.

Requests should be submitted in advance of a deadline or exam date where possible.

Short-Term requests for Academic Consideration

Short-Term Academic Consideration can be granted for a maximum of three (3) days. Such requests must be submitted within three (3) days of the onset of the extenuating circumstance.

• Without documentation – Each student can make one short-term request for up to three (3) days without supporting documentation per academic Term.
• With documentation – Once a student has used one permitted short-term request without documentation in the academic Term, all further requests for Academic Consideration for the term require supporting documentation.

The ASPC determines the outcome of short-term requests and may delegate that authority to the Assistant Dean or the Coordinator.

Long-Term Requests for Academic Consideration

Requests for Long-Term Academic Consideration can be submitted for academic consideration spanning from four (4) days to a maximum of three (3) months. These requests should be made as soon as the student is aware of the need for Academic Consideration. Delays in the submission of requests may limit what consideration can be provided.

Documentation is required for any Long-Term Academic Consideration request. Requests without documentation will not be considered.

Requests must be submitted before the end of term.

For full-year courses, requests must be received during the term in which the student is requesting the Academic Consideration.

The ASPC determines the outcome of Long-Term Academic Consideration requests and may delegate that authority to the Assistant Dean.

Significant Event Requests for Academic Consideration

The Request for Excused Absence for Significant Event Form should be used to request Academic Consideration for Varsity Athletic Events, or other Athletic and Significant Events (e.g. an event you are invited to as a special guest). These requests should be submitted within a minimum of two weeks prior to the event taking place. The following documentation is required for a Request for Excused Absence for a Significant Event:

• a completed Request for Excused Absence for Significant Event Form;
• a copy of the invitation to participate or details of the event; and,
• a description of the request (i.e. which assignments or exercises) for which Academic Consideration is being sought (including which course, instructor name, due date, etc.).

Supporting Documentation

Students can submit the following documentation to support an Academic Consideration request:

• Verification of Extenuating Circumstances Form (see Student Wellness website);
• a medical report or prescription (patient name, date and details must be visible);
• a note from a health care professional (e.g., physician, nurse practitioner, counsellor, social worker, etc.);
• an accident or police report; or
• a court summons.

Documentation is not shared with instructors and is kept confidential between the Law Accommodations Office and members of the Academic Standing and Policies Committee, if required.

Duty of Good Faith: False or Misleading Information 

The Faculty’s response to requests for academic consideration due to extenuating circumstances or other matters related to academic standing is based on the principle of good faith, which means there is a general presumption that the student making the request is acting with honest and sincere intentions. The ASPC may request supporting documentation at its discretion to verify the extenuating circumstance or other matters, and such documentation will be kept confidential and only disclosed to those who require the information to render or effect a decision.

Where the ASPC receives evidence to suggest bad faith or dishonesty on the part of a student requesting academic considerations, such as but not limited to evidence that the student has submitted false or misleading information or has willfully withheld relevant information, the actions may constitute a departure from academic integrity and may be addressed pursuant to the Queen's Law Academic Integrity Policy.

Deadlines for Submission of Course Work

Written course work is due no later than the last day of classes each term. Instructors have discretion to extend the deadline for submission of such work until the last day of examinations for the term.

Extension beyond the last day of examinations must be approved by the ASPC pursuant to this policy.

A student seeking an extension from the ASPC is expected to submit a request form to the ASPC prior to the deadline, through the Equity and Academic Success Coordinator. When an instructor will not grant an extension within the period of discretion, a student may apply to the ASPC, via the Coordinator, for an extension. Information provided by instructors will be considered where a student seeks an extension.

The ASPC may grant an extension for the submission of written coursework beyond the last day of examinations for the term in which the written work was originally due. Where the ASPC is satisfied that there are documented Extenuating Circumstances, the extension will be granted without penalty. If the APSC is not satisfied that there are documented Extenuating Circumstances, the ASPC may grant an extension with penalty, and the grade received for the work may be lowered by up to one full grade (i.e. B to C.), or alternatively, the ASPC may consider a late drop for the course.

Before making a decision about an extension, the ASPC may contact the instructor for feedback and may review the student’s transcript when considering the request in order to determine if the granting of the extension (or any penalty) would put a student at academic risk. The student shall be informed about any communication received from the instructor and given an opportunity to respond in writing before a decision is made. The course instructor will be informed that their communication will be shared with the student.

An agreement between the instructor and student about an extension past the end of the examination period will not bind the Committee. The Committee will not provide the instructor with any confidential information about the basis for the student’s request for an extension.

Late Course Drops

A backdated “late drop” allows a student to cease taking a course without a “DR” notation appearing on the student’s transcript, and without the student receiving any credit for the partial completion of the course. A backdated late drop may be granted as a matter of Academic Consideration (on the basis of extenuating circumstances). A late drop may also be granted if a student is taking more than the minimum normal course load and realizes before the conclusion of the term that they need to reduce their course load to achieve academic success. 

Students are expected to complete academic requirements in a timely manner. Where a pattern of repeated or multiple requests for late drops arises, this may result in a review of a student’s academic progress and, where warranted if the student’s progress is at academic risk, a change to their academic standing (i.e., Academic Probation, Required to Withdraw).

Multiple Requests for Academic Consideration

In making decisions about student requests for exam deferrals, assignment extensions, or late drops, the ASPC may take account of the student’s prior history of seeking exam deferrals, assignment extensions or late drops.

If a student seeks multiple exam deferrals, assignment extensions or late drops (i.e. either simultaneously or over different terms), the student will be referred to QSAS for an assessment of whether the student could be supported by accommodation or additional accommodation.

If a student seeks multiple exam deferrals, assignment extensions or late drops, the ASPC may:

• grant the request(s);
• require that the student be placed on academic probation as a condition of being granted a deferral, assignment extension or late drop and apply conditions to that academic probation;
• require that the student take a reduced course load for a future term or terms as a condition of being granted a deferral, assignment extension or late drop; or
•  refuse the request.

Academic Accommodations

Under the Queen’s University Academic Accommodations for Students with Disabilities Policy, decisions about Academic Accommodations for law students with a disability are made based on the assessment by Queen’s Student Accessibility Services (QSAS). The term “disability” is defined in that policy to include physical disability, chronic illnesses, mental or developmental disability, learning disability or mental disorder. QSAS bases its assessments and accommodations on the reports of various health care and other professionals.

QSAS determines accommodations for classroom and learning environments. QSAS may also determine that a student requires assessment accommodations such as additional time to write examinations, additional time to complete assignments or additional time between scheduled examinations.

If a law student with approved QSAS accommodations in place is unable to write an examination or complete an assignment in accordance with their accommodated schedule for reasons that qualify for Academic Consideration, the student may apply to the ASPC for Academic Consideration. The student may be required to provide documentation in accordance with this policy

Students seeking academic accommodations for long-term or chronic physical or mental health conditions or disability should register with Queen’s Student Accessibility Services (QSAS) and can book an appointment with a QSAS advisor via the Ventus Support Portal or by e-mail to qsas.intake@queensu.ca.

Support Persons

Students are ordinarily expected to deal directly with their instructors, University administrators and their fellow students. However, they can choose to be accompanied by a Support Person at any meeting with an academic decision-maker.

Grade Review Process

Access and Retention of Final Examination Papers and Written Course Work 

In accordance with the Senate Policy on Student Access to Final Examination Papers, instructors are expected to informally review a final examination or term paper with any student who requests it. However, review of final exams with a student cannot occur before the final grades are released to all students in the course. Further, model exams cannot be shared with any student until all students have written the exam, including those students who will be taking a deferred exam.

Instructors are required to retain a copy of each graded final exam for a period of 12 months from the writing of the exam. Exams written electronically will be retained by the Student Services Office for the same period. Instructors should not give original graded hardcopy exams to students. Instructors may allow a student to review their own exam while meeting with the instructor. The instructor may provide the student with a copy of the student’s own exam. Term papers or other assignments graded D or F that form a significant portion of the final grade should be treated in the same way as final exams.

Instructors may wish to show a student the exam or paper of another student, perhaps as an example of excellent work. The permission of the other student should be obtained before the paper is circulated. All identifying information should be removed from the model exam or paper.

Informal Grade Review Process

Students may meet with their instructors to discuss their performance on assignments and examinations, in order to gain additional feedback on performance to improve future work. Informal grade discussions are an opportunity to explain to students why they obtained a particular grade and to give advice and assistance on how to improve. An instructor may only change a grade as a result of a grade discussion in unusual circumstances that reflect a clear and obvious error in the original grade assigned, such as a calculation error. An instructor who wishes to change a final course grade must provide an explanation for the grade change when notifying the Student Services Office, which shall notify the Associate Dean (Faculty and Academic Policy) who may reverse the decision to raise a grade if it does not seem properly justified.

Grade discussions may take place in person, virtually or by phone or email. If a student requests an opportunity to discuss a grade, the instructor will arrange to do so within a reasonable time. Instructors should provide contact information after the completion of a course so that students may contact them to arrange an informal grade review, if necessary. An informal grade review must be sought within a reasonable time after the release of grades for the course.

Formal Grade Review Process (Final grade D or F)

A student may request a formal review of any examination or assignment worth 50% or more of the final grade in a course in which the student’s final grade was D or F.

This review process is not intended for those students whose academic performance was adversely affected by documented extenuating circumstances. Relief sought on this basis is described in the sections on Special Examination privileges and in the provisions for requesting extensions for submission of written coursework.

Final grades in courses in which evaluation is based on skills-based exercises and /or scaffolded assessments such as advocacy trials, moots, negotiation exercises, advanced legal research, or clinical placements are excluded from this review process because it is not possible to replicate or reassess the exercises on which the evaluation was based.

Students who wish to request the Faculty to formally review a grade must notify the Assistant Dean, JD Program by filing a formal Grade Review Application within two (2) months of the release of grades. The forms for such a review are available online from the Student Services Office. Students are expected to seek an informal review with the instructor prior to launching a formal review. No review or complaint based on bias about a grade may be initiated after the expiry of the 12-month period for retention of formal examination papers and major papers and assignments for the course in which a review of the final grade is sought.

The Assistant Dean, JD Program will notify the Associate Dean (Faculty and Academic Policy) of the filing of the grade review. The Associate Dean (Faculty and Academic Policy) will then assign another person (normally, but not necessarily, a faculty member at Queen’s Law) with expertise in the relevant subject area to review the assignment or examination under review.

The reviewer shall provide the Assistant Dean, JD Program with their assessment of the appropriate grade within 30 days. The grade assigned by the reviewer will govern and will replace the grade initially assigned by the instructor of the course. The reviewer may either raise or confirm the original grade.

Allegations of Reprisal or Discrimination in Grading 

Allegations of reprisal or discrimination may not form the basis of a grade review under this policy. Such complaints should be made directly to the Queen’s Human Rights and Equity Office, under the Harassment/Discrimination Complaint Policy and Procedure. This policy generally requires complaints to be made within one year from the time the acts took place on which the claim is based.

Law students with concerns about the bias or discrimination of an instructor are encouraged to contact the Associate Dean (Faculty and Academic Policy) as soon as concerns arise. Initial communications by students with the Associate Dean about these concerns will be treated as confidential.

Special Examination Privileges 

A Special Examination is the retaking of an examination where the student’s performance was markedly adversely affected by circumstances that would be grounds for Academic Consideration or would have been a basis for deferral of the examination.

A Special Examination is available only for courses in which the final examination is worth at least 50% of the final grade. Normally, a Special Examination will only be available in a course where a student obtains a D or F grade on the examination, though the ASPC may grant a Special Examination if the grade is less than B and it is significantly below the student’s normal performance.

Special Examinations are not available in courses in which there is no final examination option or in courses in which evaluation is based on skills-based exercises such as advocacy trials, moots, negotiation exercises or clinical placements. The ASPC may grant Special Examination privileges based on documented Extenuating Circumstances (defined above), which affected the student’s ability to write or complete a required examination.

Any student experiencing distress during the examination period is expected to contact the Equity and Academic Success Coordinator (law.accommodations@queensu.ca) as soon as possible and in any event within 24 hours of missing an examination or experiencing the distress. The ASPC may consider a student’s failure to do so when deciding whether to grant a Special Examination.

Any student seeking such relief must submit an application for a Special Examination to the ASPC within one week of the date of the examination for which special examination privileges are being sought. If the extent of the impairment of performance was not apparent until the grades for the term are released, then the student must submit an application for a Special Examination to the ASPC within two weeks of the release of the relevant grade(s). Deadlines may be extended by the Committee in exceptional circumstances.

In considering requests for a Special Examination or other special consideration, the Committee requires supporting evidence of extenuating circumstances affecting performance. This information is kept confidential by the Committee. Applicants are strongly advised to document the claim as closely as possible to the date of the occurrence of the extenuating circumstances and with as much specific information as possible. Such documentation may be issued by a relevant care or service provider (i.e., doctor, health professional, specialized administrator) who was treating the student at the relevant time.

In considering a request for a Special Examination, the Committee may contact the instructor for feedback about the student’s engagement with the course and may review the student’s transcript to determine if the student is at academic risk. The ASPC will not provide the instructor with any confidential information about the basis for the student’s request for a Special Examination. The student shall be informed about any communication received from the instructor, and shall be given an opportunity to respond in writing before a decision is made. The instructor will be informed that their communication will be shared with the student.

If a student misses an exam for reasons that do not meet the threshold for Extenuating Circumstances, the student may be permitted by the ASPC to write a Special Examination with penalty, and the grade received will be lowered by up to one full grade (i.e., B to C.)

Scheduling Special Examinations 

Supplemental Examinations for Fall Term courses will be written in the Winter Term Reading Week for courses completed in Fall Term, and in July for courses completed in the Winter or Spring Terms, though the Committee may assign a different date.

If a student who has been granted a Special Examination fails to write the examination without adequate notice of inability to write on the scheduled date, the original grade shall be recorded for the examination, which may be an F if the examination was incomplete, not attempted or graded as F. No further deferral of Special Examination privileges will be granted in respect to that attempt of the course. If the failure to give adequate notice is justified by Extenuating Circumstances, then a further deferral of the Special Examination may be granted by the Committee upon written request from the student. If the student fails to write the Special Examination after two deferrals, the student shall be required to withdraw from the course without academic penalty.

Transcript Notation when Special Examination is Granted

For all courses in which Special Examination privileges are granted, the student’s transcript will reflect a grade deferred notation (GD) until such time as the final course grade is received.

Supplemental Examination Privileges 

When a first-year student obtains a grade of F in not more than two courses, or a second- or third-year student obtains a grade of F in one course, and the balance of the student's grades are C or better, the ASPC may grant the student supplemental examination privileges. The minimum passing grade for a Supplemental Examination is C. Any student seeking such relief must submit an application for a Supplemental Examination to the ASPC within two weeks of the release of grades for the term in which the course for which the student intends to bring a request for supplemental examination privileges.

A student who passes a Supplemental (C or better) receives credit for the course, and can use it as a pre-requisite.

In deciding whether to grant a Supplement Examination, the Committee may consult with the instructor and consider the student’s law school transcript to consider the likelihood of success in a Supplemental Examination and any concerns about academic risk. The student shall be informed about any communication received from the instructor, and given an opportunity to respond in writing before a decision is made. The instructor will be informed that their communication will be shared with the student.

Supplemental Examinations are available only for courses in which the final examination is worth at least 50% of the final grade. Supplemental examinations are not available in courses in which there is no final examination option or in courses in which evaluation is based on skills-based exercises such as advocacy trials, moots, negotiation exercises or clinical placements.

Scheduling Supplemental Examinations 

Normally Supplemental Examinations for Fall Term courses will be written in the Winter Term Reading Week for courses completed in Fall Term, and in July for courses completed in the Winter or Spring Terms, though the Committee may assign a different date.

If a student who has been granted a Supplemental Examination fails to write the examination without prior notice of inability to write on the scheduled date, a grade of F shall be recorded for the Examination. If a student who is granted supplemental examination privileges provides notice of inability to write the examination on the scheduled date but the reason for the inability to write the examination is not one of Extenuating Circumstances, no further deferral of the Supplemental Examination will be granted and a single grade of F shall be recorded. The adequacy of the notice of inability to write the examination is a matter that will be decided by the ASPC.

Transcript Notation when a Supplemental Examination is Granted 

The original grade of F assigned to the student by the instructor in the course remains on the student's official academic record. Once the Supplemental Examination is written and the final grade of the course is received, the supplemental grade for the course replaces the F with a supplemental exam ruler on the student’s official academic record.

Undertakings for Deferred, Special or Supplemental Examinations 

Students approved by the ASPC to write deferred, special or supplemental examinations are required to complete and sign an examination undertaking. The examination undertaking provides that the student has not, and will not discuss, or in any way attempt to ascertain the contents of the examination. Failure to comply with the conditions of a signed undertaking constitutes a breach of professional ethics and will be addressed as a departure from academic integrity in accordance with the Queen’s Law Academic Integrity Policy.

Failure to Complete Course Requirements 

If a student fails to complete the requirements for any course within one year after the last day of classes for that course, no further deferrals, extensions or examination privileges (special or supplemental) will be granted. The student will fail the course and an F will be entered on the student’s transcript.

Failure to Satisfy Course Pre-requisites or Co-requisites 

If a student does not have a final passing grade in a course and this course is either a prerequisite or co-requisite to another course in which the student is registered, the student may be required to withdraw from registration in the course for which the prerequisite or co-requisite has not been satisfied. Similarly, the student may be refused registration in a course for which the prerequisite or co-requisite has not been satisfied. The student may apply to the ASPC for permission to be exempted from this rule. The ASPC may grant an exemption if the instructor waives the requirement, the Committee is satisfied that the student has sufficient background and/or experience in the subject matter and no other inequities arise by reason of such exemption.

Academic Standing 

A student who is having significant academic difficulties may be placed on Academic Probation or may be Required to Withdraw.

If the Committee is considering Academic Probation or Requirement to Withdraw, the student shall be notified of the Committee’s concerns and the possibility of such an outcome before the matter is considered and a decision is made. The student shall be given an opportunity to make submissions and present written evidence.

Academic Probation 

The circumstances in which a student may be placed on academic probation include but may not be limited to those in which the student:

• fails to achieve a grade point average of 2.0 at the end of any term;
• has two or more F’s in an academic year;
• has been permitted to recommence studies after having been required to withdraw; or
• makes multiple requests for academic consideration (see “Multiple Requests for Academic Consideration”).

Any student who is on academic probation is not eligible to participate in the International Exchange program, may not attend another law school on a Letter of Permission, and cannot be permitted to take more than 17 credits in any term during the period of probation.

Additional conditions of academic probation may be set by the Committee. Such conditions may include, but are not limited to a requirement to report to the Coordinator on a set schedule or as requested and a requirement to take a reduced course load.

Requirement to Withdraw 

A student who fails two or more courses or fails to achieve a grade point average of 2.0 over two consecutive terms may be required to withdraw for a minimum period of either a term or an academic year.

A student who has been placed on Academic Probation and fails to satisfy the conditions set out may be Required to Withdraw for a minimum period of either a term or an academic year. This decision shall take into account the reasons for which the student has had academic difficulties and the time that is likely to be needed to address the factors identified as contributing to those difficulties.

Any student who is required to withdraw is not eligible to attend Queen’s Law classes and events and may not attend another law school on a Letter of Permission.

The ASPC may impose reasonable conditions for a student to complete and/or comply with while the student is on a period of Requirement to Withdraw. The student is expected to satisfy those conditions before being readmitted in order for the student to demonstrate they are sufficiently prepared to successfully complete their studies. This may include conditions requiring a period of employment or unpaid work that demonstrates the ability to successfully in engage in their studies.

At the expiry of the minimum period of withdrawal, the student must apply to the ASPC for reinstatement. A student permitted to return to studies after having been required to withdraw shall be placed on Academic Probation with reasonable conditions.

Adverse Decisions – Reconsideration and Appeals

Reconsideration

A student who has received an adverse decision from the ASPC may request reconsideration of that decision by the ASPC if new information arises that was not reasonably available to the student at the time the original ASPC decision was rendered. In that instance, the student may make new submissions and present the further evidence or documentation.

Appeals of ASPC Decisions 

The grounds for the appeal of an ASPC decision to the Faculty Board Academic Appeals Committee (AAC) are that the decision is or the process was:

• substantively unreasonable; or
• procedurally unfair; or
•  in violation of University or Faculty policies.

Before commencing an appeal, the student shall meet with the Associate Dean (Faculty and Academic Policy) to attempt a resolution. Except where otherwise agreed between the student and the Associate Dean, the contents of discussions held to attempt a resolution will be kept confidential and may not be included in the consideration of any subsequent related appeal. If, after such meeting, the student still wishes to appeal the ASPC decision, the student may appeal by writing to the Chair of Faculty Board within two weeks of receiving the decision of the ASPC.

If an appeal is launched, the Chair of Faculty Board shall arrange for the Appeal to be heard by the Academic Appeal Committee, with membership nominated by the Chair of Faculty Board for each appeal.

Academic Appeal Committee (AAC) 

The AAC is the final body of academic appeals in the Faculty of Law.

• The AAC is not a standing committee but will be formed on an ad hoc basis as the need arises.
• The Academic Appeal Committee will consist of three faculty members, appointed by the Chair of Faculty Board, to hear an individual appeal. Faculty members involved in instructing a student appellant at the time of the appeal are precluded from the committee. Members of the ASPC, Associate Deans and the Dean are also precluded from appointment to an academic appeal committee.
• If a student appellant is concerned that a member of the AAC is biased or may have a conflict of interest in relation to their case, the student shall raise this with the Chair of Faculty Board when informed of the composition of the AAC. The Chair of Faculty Board will determine whether there is a reasonable apprehension of bias or conflict of interest, and if there is, shall nominate another faculty member.
• The AAC is an appellate body and does not hear matters de novo. It reviews the decision of the previous decision-making body based on the same information available to the previous body at the time the decision was made. The AAC may, however, allow the parties to introduce additional evidence where such evidence was not available at the time of the original ASPC decision and could not have been obtained earlier through reasonable diligence.

Academic Appeals Committee – Chair

The Chair of Faculty Board shall nominate one of the members of the AAC to serve as Chair of the AAC (the “AAC Chair”). Normally, the AAC Chair shall:

• convene hearings;
• preside over hearings of the AAC according to the Rules of Procedure set out below and give procedural direction for the conduct of individual cases to the extent that a procedural issue is not dealt with in the Rules of Procedure;
• ensure hearings are conducted fairly and with due process; and
• write the AAC's final decision for communication to the parties, which includes an explanation of the reasons underpinning any decision made.

Support Persons and Advisors 

Students who are considering or pursuing an appeal are encouraged to consult the Office of the University Ombudsperson and, if appropriate, the Human Rights and Equity Office.

Students are ordinarily expected to deal directly with their instructors, University administrators and their fellow students. However, they can choose to be accompanied by a Support Person at any meeting with an academic decision-maker, including at the AAC.

A Support Person can be anyone of the student’s choice so long as that person is not directly involved in the issue, for example as a witness. The Support Person for the AAC may be a faculty member of the student’s choosing.

Students who are facing serious adverse academic consequences may wish to consider obtaining legal advice at their own expense from a lawyer, paralegal, or other Advisor of their choosing. Students who have retained an Advisor may request in writing to the Chair of the AAC to permit their Advisor to attend as or alongside their Support Person.

Students who have retained an Advisor remain responsible to make submissions and answer questions directly themselves. The student’s Support Person or Advisor cannot make submissions and/or answer questions on the student’s behalf. Support Persons or Advisors who do not comply with this expectation may be requested to leave the meeting or hearing.

Rules of Procedure of AAC 

The following Rules of Procedure apply to the Pre-Hearing, General Proceedings, Appeal Hearings (“Hearings”), Decisions, Post-Hearing and Record-Keeping matters. These Rules of Procedure shall be interpreted liberally to facilitate the just, expeditious, and cost-effective determination of every proceeding on its merits. As needed, the Chair has the authority and responsibility to issue such supplementary rules of procedure as may be necessary to govern the conduct of an appeal.

• The AAC will adhere to the relevant Academic Regulations of the Faculty as well as policies and procedures of Queen’s University.
• To protect the privacy and confidentiality of students, AAC meetings and hearings are closed to the public.
• Hearings are not normally recorded, unless a special request is made by the appellant in advance of the hearing or the AAC Chair determines in their own right that the hearing shall be recorded. In such a case, the AAC Chair will decide whether to permit or conduct a recording of the hearing. If the appellant’s request to record a hearing is permitted, the AAC Chair will also record the hearing, and will inform the parties of the intention to do so in advance of the hearing. Any transcripts of a hearing will be provided to either party upon request, in which case a copy will also be provided to the other party. Transcripts must be treated as confidential by all parties.
• Participants may take their own notes during the hearing. All such notes are “transitory” and are not considered to be University Records.
• Only those AAC members present for the entire hearing may take part in making the decision.
• The parties or AAC Chair may request the participation of parties and witnesses, but the AAC has no power to compel participation.
• The student may appear in person, virtually, or opt not to appear at the hearing.
• When making an appeal to the AAC, the student has the right to the assistance of a Support Person and/or an Advisor, including a legal representative (at the student’s own expense). The student may make oral submissions or their representative may make submissions on their behalf. Whether or not a student has representation, the AAC may directly question the student. However, no student can be compelled to answer questions.
• The parties to the AAC are the student (applicant) and the ASPC (respondent). Normally, the Chair of the ASPC or their delegate will attend the hearing and make oral submissions. The ASPC Chair or their delegate may also bring legal representation who may make submissions on their behalf.
• The Equity and Academic Success Coordinator, and the Assistant Dean, may attend the hearing of the AAC. The extent of the participation by the original decision-maker in the proceedings is at the discretion of the AAC Chair.
• At a hearing at which the student has appeared, members of the AAC may ask questions of the student, Chair of the ASPC, the Coordinator, and the Assistant Dean. The parties may not cross-examine one another, but they may raise issues for the Chair to pose as questions.
• If, during the course of any hearing, the AAC decides that information is required to clarify a matter, the AAC Chair may adjourn the hearing to permit the relevant parties to bring forward such information or facts or to permit the AAC to obtain such information.
• The student is entitled to the same evidentiary information as the AAC. Information will be disclosed to the student in a confidential manner at least 10 days prior to a hearing to allow the student reasonable time to prepare.
• If either party to the appeal attempts to submit new evidence at the hearing, the AAC Chair of the ACC will request oral submissions from each party addressing whether, on the basis of new evidence, the matter should be:
  • Remitted to the original decision-maker for a rehearing; or
  • Heard and decided (including the new evidence) by the AAC.
• The AAC Chair may decide to adjourn a hearing at the request of a party if the AAC Chair believes that a party may be unfairly prejudiced should the hearing proceed.
• The AAC has the right to seek confirmation and/or verification of any evidence, claims, or submissions made by any participant in the hearing; should it be determined that false information was provided to the AAC, the matter may be addressed under the Academic Integrity Policy.
• Following the deliberations, the AAC may:
  • uphold the ASPC decision as reasonable and dismiss the appeal; or,
  • determine the ASPC decision is or the process was, in whole or in part:
    • substantively unreasonable; or,
    • procedurally unfair; or
    • made in violation of University or Faculty policies; and,
  • allow the appeal in whole or in part, modify the previous decision, or make any decision that could have been made by the ASPC.
• The AAC retains jurisdiction with respect to issues arising from the appeal proceeding, including implementation of the appeal decision and may delegate responsibility for implementation to the Assistant Dean or the Coordinator.
• The AAC does not have authority to direct that a student receive compensation for any costs or expenses incurred in the course of any University-based proceeding.
• The AAC’s Decision shall be communicated to the student within seven (7) business days, or within a reasonable time as demanded by the complexity of the case, via a Decision Letter from the AAC Chair. The Decision Letter will include the reasons for the Decision, information about the next level of appeal, and information about the availability of the support of the Office of the University Ombudsperson.
• The AAC’s Decision Letter shall be the official record of the Appeal. The Decision Letter will include the effective date of any actions to be taken.
• In accordance with the Student Academic Appeals Policy, Section D. 33 and 34, the student is normally entitled to exhaust all levels of appeal before academic sanctions are applied, except in the case where it is determined that the interests of third parties may be prejudiced by the continued enrolment of the student in a course or program. In such a case, the AAC shall determine whether the student may continue in their Program until appeal processes are exhausted. If the student is permitted to continue, the AAC shall determine under what conditions the student may do so, having regard for the need to protect the interests of the third parties. The AAC shall address the effective date of any actions and/or sanctions in the Decision Letter.
• Students wishing to appeal a decision of the AAC must file a Notice of Appeal with the University Student Appeal Board (USAB) under the Student Academic Appeals Policy within two weeks of the decision of the AAC. Generally, USAB only has jurisdiction to deal with appeals regarding “academic standing,” which is defined for the purposes of that policy as a decision that results in the application of an academic regulation that impedes a student’s academic standing in a program, and not merely their grade in a specific course.