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Letters and Transcripts ABA Consultant’s July 14, 2011 Letter and Site Team Report Transcript of ABA Accreditation Committee’s September 29, 2011 Meeting ABA Consultant’s October 12, 2011 Letter and Recommendation of ABA Accreditation Committee Transcript of ABA Council’s December 2, 2011 Hearing ABA Consultant’s December 20, 2011 Letter Notification of the ABA Council’s Decision Lincoln Memorial University Duncan School of Law v. American Bar Association (TV1) Doc. 28 Att. 11 Dockets.Justia.com

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Page 1: Letters and Transcripts Coverpage · 2014. 10. 7. · ABA Consultant’s October 12, 2011 Letter and Recommendation of ... ABA Consultant’s December 20, 2011 Letter Notification

 

Letters and Transcripts  

 

 

 

ABA Consultant’s July 14, 2011 Letter and Site Team Report

Transcript of ABA Accreditation Committee’s September 29, 2011 Meeting

ABA Consultant’s October 12, 2011 Letter and Recommendation of ABA Accreditation Committee

Transcript of ABA Council’s December 2, 2011 Hearing

ABA Consultant’s December 20, 2011 Letter Notification of the ABA Council’s Decision

 

Lincoln Memorial University Duncan School of Law v. American Bar Association (TV1) Doc. 28 Att. 11

Dockets.Justia.com

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AMERICAN BAR ASSOCIATION ACCREDITATION COMMITTEE MEETING APPLICATION FOR PROVISIONAL ABA APPROVAL

LINCOLN MEMORIAL UNIVERSITY THURSDAY, SEPTEMBER 29, 2011 1:30 p.m.

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Meeting Held on September 29, 2011 NRC File # 9278-46 Page 2

1 B E F O R E

2

3 CHAIR: Diane F. Bosse, Esq.

4 VICE-CHAIR: Charles W. Goldner, Jr.

5 MEMBERS: Jonathan R. Alger

6 Thomas C. Galligan, Jr. (Recused)

7 Art Gaudio

8 Peter G. Glenn

9 Robert Glidden

10 Peter A. Joy

11 Joel H. Kaye

12 Anne Lukingbeal

13 Pamela Lysaght

14 Ada Meloy, Esq.

15 Veryl V. Miles

16 Dr. Charles R. Nash

17 Scott B. Pagel

18 Frederic White

19 Rebecca Hanner White

20

21 ASSOCIATE

22 GENERAL COUNSEL: Stephanie Giggets

23 CONSULTANT: Hulett H. Askew

24 DEPUTY CONSULTANT: Scott Norberg

25 ASSOCIATE CONSULTANT: Camille deJorna

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Meeting Held on September 29, 2011 NRC File # 9278-46 Page 3

1 ASSISTANT CONSULTANT: Becky Stretch

2 ABA STAFF: Shirley Gonzalez

3 EXECUTIVE ASSISTANT: Cathy A. Schrage

4 PARALEGAL: Marsha Factor

5

6

7

8 LINCOLN MEMORIAL UNIVERSITY

9 REPRESENTATIVES APPEARING:

10

11 Dr. James Dawson, President

12 Kim Bontrager, Chief Financial Officer

13 Syd Beckman, Vice President,

14 Dean and Professor of Law

15 Gordon Russell, Associate Dean, Director of

16 Law Library, and Professor of Law

17 April Meldrum, Associate Dean for Academics

18 Terence Cook, Associate Dean for Admissions

19 Dr. Clayton Hess, Vice President

20 for Academic Affairs

21

22

23

24

25

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Meeting Held on September 29, 2011 NRC File # 9278-46 Page 4

1

2

3

4

5

6

7 AMERICAN BAR ASSOCIATION

8 ACCREDITATION COMMITTEE MEETING

9 APPLICATION FOR PROVISIONAL ABA APPROVAL

10 LINCOLN MEMORIAL UNIVERSITY

11 THURSDAY, SEPTEMBER 29, 2011

12

13

14

15 TRANSCRIPT OF PROCEEDINGS of the American Bar

16 Association Accreditation Committee Meeting held at

17 the Ritz-Carlton Hotel, 160 East Pearson Street at

18 Water Tower Place, Chicago, Illinois, before Valerie

19 Allard, a Certified Court Reporter.

20

21

22

23

24

25

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Meeting Held on September 29, 2011 NRC File # 9278-46 Page 5

1 ACCREDITATION COMMITTEE MEETING

2 LINCOLN MEMORIAL UNIVERSITY

3 THURSDAY, SEPTEMBER 29, 2011

4 1:30 p.m.

5

6 MS. BOSSE: We will now go on the record.

7 Good afternoon and welcome to the

8 Accreditation Committee meeting. I am Diane Bosse.

9 I'm chair of the Accreditation Committee. This

10 hearing is to determine the application by Lincoln

11 Memorial University Duncan School of Law for

12 Provisional Approval under Standard 102 and Rules 4,

13 5 and 6 of the Rules of Procedure. The

14 Accreditation Committee will be making its

15 recommendation to the council at the council's

16 December 2011.

17 Dean, I'm going to ask you and your

18 colleagues to introduce yourselves and then we'll go

19 around the room and introduce ourselves to you.

20 DEAN BECKMAN: My name is Syd Beckman.

21 I'm the Vice President, Dean and Professor of Law at

22 Lincoln Memorial University Duncan School of Law.

23 MS. BONTRAGER: I'm Kim Bontrager. I am

24 the Vice President and Chief Financial Officer for

25 Lincoln Memorial.

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Meeting Held on September 29, 2011 NRC File # 9278-46 Page 6

1 ASSOCIATE DEAN COOK: My name is Terence

2 Cook. I serve as Associate Dean for Admissions.

3 DR. HESS: My name is Clayton Hess, and

4 I'm the Vice President for Academic Affairs at

5 Lincoln Memorial University.

6 ASSOCIATE DEAN RUSSELL: Gordon Russell.

7 I'm the Associate Dean and Director of the Law

8 Library at Duncan School of Law.

9 ASSOCIATE DEAN MELDRUM: My name is April

10 Meldrum, and I'm the Associate Dean for Academics at

11 the Duncan School of Law.

12 DR. DAWSON: I'm Jim Dawson, the President

13 of Lincoln Memorial University.

14 MS. BOSSE: Welcome. And we'll start with

15 Dean Miles.

16 DEAN MILES: I'm Veryl Miles. I'm the

17 Dean of the Catholic University of America, Columbus

18 School of Law.

19 PROFESSOR LYSAGHT: Good afternoon. I'm

20 Pamela Lysaght. I'm on the faculty at University of

21 Detroit Mercy School of Law.

22 PROFESSOR JOY: Good afternoon. I'm Peter

23 Joy. I'm on the faculty of Washington University in

24 St. Louis.

25 ASSOCIATE DEAN PAGEL: Hi. I'm Scott

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Meeting Held on September 29, 2011 NRC File # 9278-46 Page 7

1 Pagel. I'm the Director of the Law Library and

2 Professor at the George Washington University.

3 DEAN WHITE: Good afternoon. I'm Frederic

4 White, Dean of Texas Wesleyan University School of

5 Law.

6 MR. CLARK: JR Clark, ABA staff and

7 Professional Legal Education.

8 MS. FACTOR: I'm Marsha Factor, ABA staff.

9 MS. STRETCH: Becky Stretch, Assistant

10 Consultant.

11 Ms. SCHRAGE: I'm Cathy Schrage, ABA staff.

12 MS. BOSSE: Diane Bosse. I'm Chair the

13 Board of Law Examiners in New York, and I practice

14 law in Buffalo.

15 MR. ASKEW: I'm Bucky Askew, ABA staff.

16 MR. NORBERG: Scott Norberg, Deputy

17 Consultant.

18 PROFESSOR GOLDNER: Chuck Goldner. I'm a

19 member of the faculty at University of Arkansas at

20 Little Rock School of Law.

21 MR. GLENN: Peter Glenn. I practice law

22 in Reading, Pennsylvania.

23 MS. de JORNA: I'm Camille de Jorna. I'm the

24 Associate Consultant.

25 DEAN GAUDIO: Hi. I'm Art Gaudio. I'm the

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Meeting Held on September 29, 2011 NRC File # 9278-46 Page 8

1 Dean at Western New England School of Law.

2 ASSOCIATE DEAN LUKINGBEAL: I'm Anne

3 Lukingbeal, Associate Dean and Dean of Students at

4 Cornell Law School.

5 MS. MELOY: I'm Ada Meloy. I'm the

6 General Counsel at the American Council on Education

7 in Washington.

8 DR. GLIDDEN: Hi. I'm Bob Glidden. I'm a

9 public member of the Committee, and I am President

10 Emeritus, Ohio University.

11 DR. NASH: Hi. I'm Charles Nash. I'm Vice

12 Chancellor for Academic and Student Affairs with the

13 University of Alabama System.

14 DEAN WHITE: I'm Rebecca White. I'm the

15 Dean at the University of Georgia School of Law.

16 MS. GIGGETS: I'm Stephanie Giggetts. I'm

17 Associate General Counsel at the ABA.

18 MS. GONZALEZ: Shirley Gonzalez, ABA

19 staff.

20 MS. BOSSE: I'd like the record to reflect

21 that President Tom Galligan has recused himself from

22 these proceedings.

23 Dean, the ABA staff has advised you that

24 we have allowed one hour for this appearance and you

25 have been afforded 15 minutes to divide between

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Meeting Held on September 29, 2011 NRC File # 9278-46 Page 9

1 opening and closing statements. The rest of the

2 time has been set aside for questioning by the

3 committee members. If we need to go beyond the hour

4 to address any issues, we certainly will. Ms.

5 Schrage will serve as our timekeeper. We now invite

6 your remarks.

7 DEAN BECKMAN: Thank you, Madam Chair.

8 And I'd like to reserve five minutes for opening and

9 ten minutes for a closing, if that's acceptable.

10 MS. BOSSE: Yes.

11 DEAN BECKMAN: Madam Chair and Members of

12 the Committee and the ABA staff, I want to thank you

13 for permitting us to present here today. I also

14 want to thank the ABA staff. Throughout this process

15 they have been incredibly helpful. And I have to

16 say, without their responsiveness and helpfulness,

17 the stress level would have been much higher than it

18 already is. They've been wonderful.

19 I also want to say that the team that we

20 had, the Site team was tremendous. It was lead by

21 Susan Burley and her team. We couldn't have asked

22 for a better Site team beginning with the minute she

23 contacted us through the completion of the report.

24 She was fantastic. Everybody was. You made this as

25 smooth as possible.

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Meeting Held on September 29, 2011 NRC File # 9278-46 Page 10

1 I want to begin by sharing a story with

2 you. Before joining the Academy full time, I was in

3 a family law trial lawyer in Texas. And I have to

4 tell you that I do remember my days as a young

5 lawyer. I remember the days when I was nervous,

6 like I am now. I remember the days that I walked

7 into a courtroom and I wondered if I was prepared.

8 I was apprehensive. I remember those days vividly.

9 What I don't remember is how long it's been since I

10 felt that way.

11 You know, I practiced law for almost 15

12 years as a trial lawyer. And for those of you who

13 are familiar with Texas -- I was a family law trial

14 lawyer. So if you're familiar with Texas, you know

15 that we try lots of lawsuits to conclusion. And we

16 are the only state in the Union that let's juries

17 decide who gets the children. So it was an

18 interesting practice. And over those years you get,

19 you know, comfortable and proficient.

20 But I share this with you because I want

21 you to know that those feelings have returned

22 tenfold as I sit here today. I have questioned my

23 preparation, and I've questioned what we've done,

24 and I've questioned my abilities at this hearing to

25 present an accurate picture of our law school. Over

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1 the past weeks leading up to this day, I have

2 wondered why I have questioned so much, and then it

3 kind of hit me last night. At 3:30 this morning my

4 associate dean, Dean Meldrum sent me an email. And

5 as you can imagine, we've been getting lots of

6 sleep. So she sends me this email and she says,

7 have you ever represented 190 people at once -- our

8 student body -- to which I replied, no. I said,

9 have you ever gone before a hearing and had a jury,

10 each of which could ask you questions at any time,

11 you couldn't object, and you weren't permitted to

12 conduct a voir dire. She replied, no, and she was

13 glad she was second chair. So here we are.

14 What the characteristics of this process

15 that, to me, is somewhat sterile is that each of you

16 has not had the opportunities to meet our students,

17 to talk to our faculty, to observe our staff or view

18 our facilities. You rely upon the written word and

19 try to make sense out of what we've submitted, and

20 what the Site Team has reported, and all of our

21 many, many updates. Therefore, in an attempt to

22 bring a little bit of flavor to our school, I

23 brought just a few photos.

24 The first photograph is the outside of the

25 front of our building. And this building is

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1 historical. It was built in 1848, originally it was

2 the Tennessee School for the Deaf. It served as a

3 hospital during the Civil War. And it's come full

4 circle as it's now a school again. I realized in

5 the middle of the night last night that I did this

6 wrong. I realized that I shouldn't have brought

7 pictures just of our current facility but, rather, I

8 should have brought pictures of where it was when we

9 took it over because that would really give you a

10 flavor of what we've been through. And if any of

11 you has ever remodeled an old building, let me tell

12 you that they didn't tell me when I took this job

13 that I would become an expert in construction work.

14 This is from our classrooms. It is -- we

15 call it Room 101. It's a 78-person classroom with a

16 great deal of technology. And for those of you who

17 may not be able to see it, let me just explain that

18 we have monitors throughout. With the exception of

19 the courtroom, we don't use protectors. We use flat

20 screen TVs. We position them so that everybody can

21 see them. All of our students have laptops because

22 we issue laptops to our students. We have these

23 big plastic things hanging up there and people

24 always wonder what those are. They're parabolic

25 receptors, because we capture every classroom

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1 experience so that students can watch it later. And

2 that's what is reflected in this photograph.

3 This is another classroom. It's a tiered

4 classroom -- and I'm not sure the photograph does

5 justice to that -- but we have microphones for each

6 student because it's a larger classroom. It seats

7 90. And again, monitors so that they can see what's

8 going on. It was important to us when we started

9 this that we create a facility that tried to make it

10 easy for students, and so that's why we decided to

11 class capture everything.

12 This is just a seminar room. We call it

13 the round room not because the room is round, it's

14 because of the table; but it was designed to be very

15 collaborative so that everyone could face each

16 other, and you didn't have to turnaround to look at

17 a monitor. You could see a monitor wherever you

18 were.

19 You can't see it from this direction right

20 here, but there's a microphone that drops in the

21 middle so all the audio is captured by the students.

22 One camera captures -- it's back here -- it's off of

23 the shot that captures the instructor. And the

24 instructor has full control if they want to move it

25 or whatever. So that's just an example of one of

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1 our various rooms.

2 Just a couple more. This is a study room.

3 And the significance of the study room is, our study

4 rooms are designed to be collaborative. They're the

5 only rooms in the building that have dry erase

6 boards because the students, obviously, like to draw

7 all over the dry erase board. We don't do that in

8 classrooms because everything is captured and to

9 capture that, you can only do it with a panel shot.

10 We want digital captures, so we use digital boards.

11 But students can tie into this screen and

12 collaborate whether it's to do an outline or

13 whatever they do, they can collaborate.

14 Some of the rooms are also setup so that

15 we can login, watch, record what goes on in the

16 room. So if you were doing a skills exercise, say

17 mediation, and you wanted to go into the room, you

18 could do it and you could talk to the students and

19 they can talk back to you. So that's some of the

20 design, but we've tried to create a collaborative

21 environment.

22 And lastly, I will show you what, to me,

23 is really our flagship room, and it's our courtroom.

24 A lot of blood, sweat and tears went into the design

25 and, ultimately, build out of this courtroom. It

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1 has a rake because up in the back -- it's hard to

2 see from this, but it's sort of an ADA compliant

3 rake so you can go up to the back. It's got more

4 technology than I have time to explain, but we're

5 really proud of it.

6 And most recently, the Tennessee Supreme

7 Court -- the entire Court -- sat in our courtroom,

8 held court for a docket day one half of the day.

9 And this is what they're setting up for, so that's

10 when this picture was taken. These are the lawyers

11 that are about to argue before the Supreme County on

12 a death penalty case.

13 And so we were really excited that they

14 held court there. They had some really interesting

15 cases. That evening, lawyers, people from the

16 community could come in and observe. And it was

17 just a wonderful day. And we believe that they will

18 do that at least once a year moving forward. So

19 we're excited about our courtroom.

20 So I wanted to give you a flavor of what

21 we have and what we're about. And with that, Madam

22 Chair, fire away.

23 MS. BOSSE: Thank you. Thank you very

24 much, Dean. Vice Dean Peter Joy will commence the

25 questioning.

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1 VICE DEAN JOY: Thank you. Dean Beckman,

2 I wanted to explain a little bit about this because

3 that might help us get through the hearing in a more

4 efficient way.

5 I'll be asking questions of two types.

6 Some will be just some information that we need to

7 get in the record because this is being recorded and

8 it goes to the council. And they'll expect me to

9 ask questions about certain things where the answer

10 will be obvious and you know that I know the answer,

11 but I need to get it in the record.

12 DEAN BECKMAN: Sure.

13 VICE DEAN JOY: And then there'll be

14 questions where, based on all the information that I

15 have looked at and that other members of the

16 committee have looked at, we want more information

17 than what we have. And even though they were many

18 volumes sent and things have been revised in some

19 areas, it'll be necessary for us to go through that.

20 DEAN BECKMAN: Sure.

21 VICE DEAN JOY: So I just wanted you to

22 know, if you're wondering with an obvious answer

23 kind of question why I'm asking it, it's because I

24 want to make as thorough a record as possible.

25 DEAN BECKMAN: Okay. Yes, sir.

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1 VICE DEAN JOY: I'm going to start with

2 talking about the Feasibility Study and the Reliable

3 Plan to come into full compliance with the standards

4 and to become a fully accredited law school. And

5 the reason I'm starting there is, I think it's fair

6 to say the world has changed a lot since the

7 original Feasibility Study was done.

8 DEAN BECKMAN: Yes, sir.

9 VICE DEAN JOY: And I'll be directing my

10 questions to you, though it'll be up to you to

11 decide if there's someone else who might better be

12 able to answer the question.

13 DEAN BECKMAN: Yes, sir.

14 VICE DEAN JOY: All right. So to begin

15 with, in terms of the Feasibility Study, one of the

16 reasons for starting the law school was a projection

17 of a need for more legal services that are free or

18 low cost. Do I have that right?

19 DEAN BECKMAN: Yes.

20 VICE DEAN JOY: Okay. And part of the

21 rationale, as I understand it, is the law school's

22 mandatory pro bono requirement. The belief is that

23 (a), it will help meet some of the unmet legal needs

24 for people who can't afford to hire lawyers; but,

25 second, that after that experience when students go

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1 into practice, they will hopefully continue to

2 provide free or lower-cost legal services; is that

3 right?

4 DEAN BECKMAN: That's correct.

5 VICE DEAN JOY: And in that regard, have

6 you taken a look since the original Feasibility

7 Study about legal needs in the state of Tennessee

8 and the need for more lawyers to meet those needs?

9 Have you done any further investigation into that?

10 DEAN BECKMAN: I would respond this way:

11 In a formal respect, no; but let me answer your

12 question, if I may, somewhat anecdotally.

13 We, as a law school -- both members of the

14 faculty and students and staff -- in fact, have

15 become and are continuing to become more and more

16 involved in the community. So as part of that, for

17 example, we work with folks in Legal Aid of East

18 Tennessee, for example. And the director of that

19 program, who also sits on our advisory board,

20 frequently talks about the unmet needs of his

21 particular entity.

22 And the problem, of course, is that -- as

23 you mentioned -- the world has changed. And his

24 organization which faces regular budget cuts and

25 just faced another one. He had to layoff, I think a

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1 couple of weeks ago, seven staff people. When I say

2 "staff," that includes lawyers. I use that term

3 broadly. And so they can't meet the needs of the

4 people just in Knoxville, Tennessee. Now, his

5 position actually is broader than Knoxville; but

6 they can't meet the needs there, there are so many

7 unmet needs.

8 And one of the things that we're working

9 with him on is partnering so that, ultimately,

10 through not only our externship program, but through

11 other opportunities for our students to come out and

12 work with him so that he can harness our person

13 power, if you will, to help him a bit with some of

14 those unmet needs.

15 Tennessee has, for example, a provision in

16 the rules that students, after they've completed 50

17 percent of their legal education, can practice under

18 the supervision of an attorney. And so we want to

19 develop those kinds of partnerships to help. And

20 that's just an anecdotal example, but it's a pretty

21 good example because there's so many people that

22 approach just that one body.

23 VICE DEAN JOY: Okay. And sticking with

24 legal needs, the Feasibility Study also predicted a

25 need for more lawyers in Tennessee based on

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1 projected population growth, increased government

2 regulation, retirement of lawyers, out-casing,

3 production of new lawyers, and a prediction in

4 rising GNP in the state going out to 2020, and there

5 being a shortage of lawyers in Tennessee.

6 Have you reevaluated those projections

7 over the last two years?

8 DEAN BECKMAN: Again I'll respond,

9 although not necessarily in a formal sense. We

10 pretty regularly review literature that impacts each

11 of the areas you've discussed and have found that

12 although -- I won't kid you -- the current, I guess

13 the current view in the country is, you know,

14 there's too many lawyers and too many law schools

15 and that sort of thing, but that's pretty much a

16 global perspective. And what you don't see is the

17 people every day that do, in fact, have those needs.

18 And I would say that all of our

19 experiences are colored by our past. And I was a

20 family lawyer. And I have to tell you that in that

21 law school in East Tennessee that there probably

22 isn't a week, maybe a couple of weeks that go by,

23 where I don't get a phone call from somebody --

24 maybe it neighbors, somebody from church -- somebody

25 that has a need in that area. And I'm not

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1 practicing law there, you know. There's a huge

2 need. And it's people from all walks of life that

3 don't necessarily have a lot of money. So, yes, I'd

4 say again anecdotally, that need is there.

5 VICE DEAN JOY: And I'm talking about the

6 need by clients that can afford to pay lawyers, you

7 know. So I just want, you know, that to be, you

8 know, kind of clear.

9 And I know, at least at the time that

10 materials were sent, you had just hired a director

11 of your career services program at the time. And I

12 don't know if the director of the career services

13 has discussed with you the range of job

14 opportunities he or she's expecting for your

15 students.

16 DEAN BECKMAN: He has. And, of course,

17 it's varied. And so what he has found is in certain

18 sectors, there seems to be growth; in other sectors,

19 there does not seem to be growth. So I'd say it

20 changes, you know. And what he's finding is in

21 going out -- because he's very active in the

22 community, and he meets with lawyers and people in

23 organizations that hopefully need lawyers -- and

24 he'll find areas where there is more of a need, and

25 then there's areas where there's not. So I'd say in

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1 some areas it's shrinking; in others, it's growing.

2 He tracks, by the way, everything in great

3 detail. So as he looks for opportunities for JD

4 students and provides those opportunities and helps

5 students get those opportunities, we keep very

6 detailed records on what those opportunities are,

7 whether it's students going out and interviewing,

8 whether it's just internships or externships or

9 clerkships, we keep great records.

10 And, you know, we'll small. We're

11 competing with a school that's well-established.

12 We're new. And yet, we have some successes. And

13 let me share just one of those successes, if I may.

14 We had a student that had an opportunity to clerk

15 for the Tennessee Supreme Court. She has been

16 offered and accepted a job post-graduation as a

17 clerk for the Tennessee Supreme Court. I know it's

18 just anecdotal, but I think it speaks highly of our

19 efforts and the opportunities.

20 VICE DEAN JOY: In the career services

21 office, what's the staffing? I understand that

22 there's a director. And I'm talking about

23 professional staffing, not say secretarial staffing.

24 But how many career counselors do you have?

25 DEAN BECKMAN: Right now, we have one, and

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1 we have budgeted for another that we're in the

2 process of seeking to hire. That's in the approved

3 budget that I think you all have, that budget

4 reflects that.

5 We've also found that -- one of the ways

6 that we work is fairly synergistically and what I

7 mean by that is, we've also hired an externship

8 director. And he's working with our career service

9 because they kind of go hand-in-hand. So he's

10 working with our externship director as well.

11 VICE DEAN JOY: All right. So do I have

12 it correct, there's a director and a counselor or is

13 there just, at the present time, a director?

14 DEAN BECKMAN: Yes, sir. At the present

15 time there's only the director.

16 VICE DEAN JOY: So just the director?

17 DEAN BECKMAN: Yes, sir.

18 VICE DEAN JOY: And I know you mentioned

19 about the budget. And I want to make sure I

20 understand an aspect of the budget correctly,

21 because it appears when one looks at career services

22 -- and it shows basically going out until the end of

23 the projected budget, which is the 2013-14 year --

24 the numbers, even out there, are 32,448. So I'm

25 assuming that, like the personnel amounts are up in

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1 the personnel category, right?

2 DEAN BECKMAN: Yes.

3 VICE DEAN JOY: I just want to get out.

4 DEAN BECKMAN: Yes, that's true also.

5 VICE DEAN JOY: I just wanted to be sure

6 that I've established that.

7 Also in the original pro forma budget

8 there was projected positive cash flow beginning in

9 2011-12, and then a cumulative operating positive

10 cash flow in 2012-13. And this was based on 100 new

11 full-time students and 60 new part-time students

12 starting in the 2010-11 year, and that's been

13 revised.

14 And I just wanted you to talk about now,

15 you know -- and I have all the numbers in terms of

16 the enrollment -- but what the plan is in terms of

17 University support for the law school, how long the

18 University -- you may not be the right person to

19 answer that -- but how long the University plans

20 continuing to support the law school while you're

21 still in your build-up phase?

22 DEAN BECKMAN: Sure. I think I can answer

23 part of it and then I'll defer to President Dawson.

24 What we have seen is this: My experience has

25 been -- because I do know that the world's changing

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1 and has since we've started this and continues to --

2 the support that the University has provided to the

3 law school has been unwielding. When we need to make

4 changes, whatever those changes maybe, they support

5 those changes without question. And it's been

6 phenomenal support. And I know that that's not

7 always the case with some institutions.

8 But they are so committed to us and what

9 we're doing that as we make changes -- a pro forma

10 is a plan. And each year you look at where you've

11 come, what you've done, what worked, what didn't

12 work, and you revise that. And we revise pro formas

13 every year. And we do projections every year;

14 sometimes the projections worked, sometimes the

15 projections do not work.

16 Lincoln Memorial University is in a unique

17 position. We are very fiscally sound. We've been

18 very, very blessed. We have added programs, as you

19 all know, tremendous programs. We have the medical

20 school. We've expanded our nursing program. And so

21 fiscally, we are in such a strong position that when

22 things change and we don't meet our numbers, they

23 look at it and say, okay, well, you know, what do we

24 need to do and where are we headed.

25 So although I can't answer the question of

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1 how long they would support us -- and I'll turn that

2 over to Dr. Dawson in a moment -- I will tell you

3 that from the minute we started until today, the

4 support has been unbelievable. And there's nothing

5 that I've been told that indicates that that would

6 waver in the least moving forward. With that said,

7 Dr. Dawson may want to add to that.

8 DR. DAWSON: Yes, let me respond on that.

9 First of all, I don't want to give the Dean a blank

10 check, but we are committed to the program and we

11 intended to support until it has successfully

12 reached all of its goals and we have a positive cash

13 flow. If that takes ten years, we're prepared to

14 provide that for ten years.

15 We believe that the law school is an

16 integral part of our mission. We've talked about

17 the ways that we serve people in our region. Because

18 we're committed to the Appalachian area, we

19 recognize that there's tremendous need for the

20 services that graduates of our program can provide.

21 And so it is not simply that we feel

22 committed to the law school, we also feel committed

23 to the region and the ways that our graduates can

24 serve that region. And for that reason, we have

25 every intention to provide adequate support until

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1 the law school is fully successful and operating

2 with a surplus.

3 VICE DEAN JOY: Thank you. And I want to

4 talk a little bit about the budgets, both the

5 University's budget and the law school budget. And I

6 realize that the Site Team's report had numbers that

7 were incorrect, and you've supplemented. So I'm

8 working off of the information that you've

9 supplemented. In fact, I would like to kind of

10 confirm a couple things.

11 I'm assuming that in terms of the

12 University's operating income and expenditures going

13 out to the forecasted year ending 6/30/13, that that

14 includes the law school, both in terms of revenue

15 and expenses.

16 DEAN BECKMAN: That is correct.

17 MS. BONTRAGER: That is correct.

18 VICE DEAN JOY: Okay. And at the end of

19 the 6/30/11 fiscal year, you know, June 30, I'm

20 assuming, but maybe I shouldn't, that you've closed

21 the books now on that year?

22 MS. BONTRAGER: We have closed the books.

23 We are in the middle of our audit, so they are not

24 final; but the results are a positive ending for the

25 school year for the University.

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1 VICE DEAN JOY: Do you have the unaudited

2 results with you?

3 MS. BONTRAGER: No, I do not, but we can

4 get that for you.

5 VICE DEAN JOY: All right. That would be

6 great.

7 MS. BONTRAGER: Absolutely.

8 VICE DEAN JOY: So if you could make a

9 note of that.

10 And I just want to go through some of the

11 growth that the University's experienced. You know,

12 I note that it was projected between the fiscal year

13 ending June 30 of 2010, the budget for ending June

14 30, '11, projected a 35 percent increase in the

15 tuition and fees. I don't know if you're prepared

16 to comment on how close you think came to that

17 target or if you, you know.

18 MS. BONTRAGER: If I'm understanding your

19 question correctly, you're wanting to know if we met

20 our budget for the 2011 fiscal year?

21 VICE DEAN JOY: That's correct, the

22 University.

23 MS. BONTRAGER: From a revenue

24 perspective, absolutely. We actually exceeded it

25 somewhat, not a huge amount, but we did exceed our

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1 revenue.

2 VICE DEAN JOY: In that same period, it

3 projected something less than a 10 percent increase

4 in operating expenses. And I'm wondering, were you

5 pretty much on target there? Did you find the

6 expenses --

7 MS. BONTRAGER: We were on target and,

8 actually, we're better than we were expecting in

9 some of our areas from the operating expenses. So we

10 did very well on the operating expenses perspective

11 as well.

12 VICE DEAN JOY: Okay. And then the

13 forecast for the next fiscal year projected a 13

14 percent growth, so that tuition and fees would be

15 88,900-some-thousand.

16 MS. BONTRAGER: Uh-hum.

17 VICE DEAN JOY: And is that forecast still

18 the same?

19 MS. BONTRAGER: Yes. We are finalizing

20 our forecasts right now. We've just gotten our

21 census numbers fairly stable for the fall semester,

22 but we have no reason to believe that we wouldn't

23 reach that, that target.

24 VICE DEAN JOY: And the final year

25 forecast, the one ending June 30, '13, that shows a

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1 little bit less than a 9 percent increase from the

2 prior year. And is the thinking of the University,

3 that that's still inline?

4 MS. BONTRAGER: Yes, we have no reason to

5 believe that we wouldn't meet that.

6 VICE DEAN JOY: Okay. When I did the math

7 -- and, you know, I was not a math major, that's why

8 I went to law school probably -- but I see from the

9 year ending June 30, '09 to the forecast ending for

10 June 30, '13, I see 115 percent cumulative, you

11 know, growth on revenue and fees. And I see in terms

12 of expenses, a 55 percent increase in expenses.

13 Could you explain what you've been doing

14 to try to maximize the revenue while containing the

15 expenses so that you can have this, you know,

16 optimistic view of the future?

17 MS. BONTRAGER: The biggest reason why

18 we've got that jump year over year -- and it doesn't

19 -- and you'll see that that jump slows down as you

20 go forward -- is we've got medical schools. We've

21 got programs that are still in their infancy and

22 don't have a full complement of cohorts of students.

23 And in those particular programs, the faculty is

24 fairly stable. We don't need to add that many

25 faculty to add year four.

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1 Take the medical school. The medical

2 school, just this past year, had it's fourth. It's

3 now fully complement of all four years, but you

4 didn't need to add-in an individual faculty member

5 for each one of those classes. You were able to

6 utilize -- you had some leverage within the faculty

7 to teach some of those classes, so the expenses

8 aren't quite as high as the revenue is when you

9 bring on those additional students.

10 And we've got several programs that are in

11 that particular situation. We've got a physician's

12 assistant's program that's just now getting fully

13 loaded with all the students, the medical school is

14 now completely full, and the law school is adding

15 students as well.

16 VICE DEAN JOY: Okay. Another question

17 that is financially-related but not directly budget,

18 so you might want to pass this on to someone else.

19 The Department of Education information

20 concerning the school default rates for FY'07, '08,

21 and '09, show the default rate on an upward climb.

22 So that for FY2009, for a master's degrees or

23 doctorate degrees, it shows a 5.1 student loan

24 default rate.

25 I'm wondering what the University is doing

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1 to try to taper that back down -- because it's

2 almost doubled since '07, and we don't have the

3 numbers yet for '10 or '11 -- but I question you

4 about what you're doing on the default rate?

5 DEAN BECKMAN: I would, as you said, it's

6 not related to the budget. From the University's

7 perspective, I can certainly tell you the kinds of

8 things we do anticipatorily from the law school; but

9 to address your question specifically, Dr. Hess,

10 could you respond to that a little bit.

11 DR. HESS: Well, I know that there are a

12 lot of things being looked at to help with that, and

13 we've begun to do more counseling with students as

14 they both come in and as they leave.

15 Graduate students are particularly

16 challenging because most of our graduate education

17 students are professionals who are out the field,

18 and so it is primarily student loans that they use

19 to finance their education. So as those programs

20 grow there is an increasing number of students who

21 are more reliant upon student loans, and so the

22 challenge for the University expands.

23 But we have expanded personnel and

24 financial aid in other areas to address that. We

25 have implemented some new policies and some new

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1 procedures to conduct our exit interviews and so

2 forth and tracking of those students. So we are

3 taking efforts, and we're very conscious of the need

4 to help those students.

5 I would also point out, though, that we

6 serve a very needy population. While our costs have

7 risen, our costs are substantially below the

8 national average for private schools, and especially

9 for private schools of our ranking. And so we try

10 very hard to provide financial assistance to

11 students and to help students who might need more

12 assistance and who might be more challenged. So I

13 think part of the University's mission is to serve

14 an underserved population. And as we expand that,

15 we will, of course, have to be more intentional, and

16 more effort to track those students and to assist

17 those students.

18 But I also think what you mentioned

19 earlier of placing them, and that is that there are

20 reduced numbers, even those people who are in

21 professional positions. A lot of school systems in

22 our areas are releasing teachers, and a lot of our

23 students are finding it more difficult to get that

24 job that they want right out of college. Although

25 we are experiencing quite a success in assisting

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1 students, it's more of a challenge than it has been

2 in the past for some of our students.

3 DR. DAWSON: Let me add to that, if I

4 could. We did recognize the need to add staff in

5 Financial Aid and have done that, and part of the

6 responsibility there is to follow-up with those

7 students who are in default. I think Clayton has

8 identified one of the major issues and that is, in

9 our region, we've had a tremendous reduction in

10 workforce in the education area and that has

11 directly impacted students who have completed their

12 degrees with us.

13 VICE DEAN JOY: And on the issue of

14 financial aid -- but not University-wide, but law

15 school -- I note that some new scholarship and

16 financial aid policies have been adopted. And I

17 think it would be good to just sort of get on the

18 record what you project in terms of growth in

19 scholarship and financial aid that is school

20 supported, not through the Federal Guaranteed

21 Student Loan Program.

22 DEAN BECKMAN: Sure. Let me answer that,

23 if I could, by just giving a little bit of

24 background because I think the background helps

25 illustrate the picture that we came from.

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1 LMU has been very successful with its

2 graduate programs. And as a result, when the law

3 school began, we were not permitted to offer a

4 discount rate. And as I said earlier, with regard

5 to me certainly, that our decisions and experience

6 are colored by our past -- so true -- it is for the

7 University. So we weren't going to offer a discount

8 rate. And then finally, over time and many

9 discussions, that policy was changed. And so now,

10 we've been authorized to offer a 15 percent discount

11 rate, and that may change; it may go up at some

12 point, but that's where we are right now and that's

13 what's been authorized.

14 One of the things that we did poorly --

15 and there's lots of them, and we hope we won't go

16 though them -- but one of the things we did poorly

17 was, we didn't use that aggressively enough this

18 last year. We got it late, and we didn't use it

19 aggressively enough. And now, moving forward, we

20 will use it much more aggressively. So we've

21 authorized a 15 percent discount rate.

22 In addition to that, obviously, we're

23 cognizant of other kinds of scholarships. And the

24 ones that we've received from external sources are

25 certainly not significant; but I don't want to

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1 minimize the fact that you have to start somewhere,

2 and we have done that and we continue to do that.

3 In fact, I got an email -- just literally

4 while I've been here in Chicago -- from one of the

5 Supreme Court Justices about a new scholarship

6 that's being started for Duncan students. And so

7 we're out there and we're promoting that and trying

8 to encourage that. So from two different levels,

9 not government supported, they exist and, hopefully,

10 those will certainly increase in the future.

11 And also, if you look at private

12 institutions across the country -- and I mean

13 specifically ABA accredited institutions -- our

14 tuition, which I wouldn't tell you is low for a

15 private school, but we are in the bottom five in the

16 country of private schools, ABA accredited schools,

17 assuming that BYU's double status is one and not

18 two, otherwise, we're the bottom six.

19 So one of the things that we're cognizant

20 of is our tuition rate. And our tuition rate is,

21 relatively speaking, relative to other ABA

22 accredited private schools, competitive.

23 VICE DEAN JOY: Okay. And, Dean, I just

24 have to say this for the record, the Accreditation

25 Committee intentionally does not compare any ABA

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1 school to any other ABA schools.

2 DEAN BECKMAN: Sure. Sure.

3 VICE DEAN JOY: So I just wanted to make

4 sure that I said that on the record.

5 DEAN BECKMAN: No, I understand. I just

6 want you to know that we're cognizant of that, and

7 we do pay attention to those things and look at

8 those things. That was my only comment.

9 VICE DEAN JOY: And this kind of leads

10 into the admission's criteria and class profiles.

11 And I note that the entering class in 2009 had

12 basically higher LSAT and GPA across the board than

13 the two subsequent years.

14 So for the entering class that entered

15 this fall, 2011, looking at say the lowest, the 25th

16 percentile, the LSAT is a 144. And I'm wondering,

17 if you know, how far down would you go? Like what's

18 the lowest LSAT that was admitted and, you know, how

19 the segmentation, you know -- the segmenting, I

20 should say, goes in the 25th percentile?

21 DEAN BECKMAN: The 2011 class, I don't

22 have the details, but -- Terrance, do you have that

23 detail as to how the 2011 class, how the bottom 25th

24 percentile segmented? Do you have that information?

25 ASSOCIATE DEAN COOK: I believe I do, if I

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1 can have a moment to take a look.

2 VICE DEAN JOY: Sure. In fact, I'm also

3 going to ask a similar question about the GPA. And

4 so you could take a look at that, and I'll ask some

5 other questions; and whenever you're ready, you can

6 wave your hand and I'll get back to this topic.

7 But still staying with students and

8 qualifications, I note that a student ends up

9 getting on probation if their GPA falls below a 2.0;

10 but then if the GPA falls below a 1.25, the student

11 is academically dismissed; is that correct?

12 DEAN BECKMAN: Correct.

13 VICE DEAN JOY: Once a student is placed

14 on academic probation, it indicates that they

15 receive academic support through the director of

16 academic success and then enrolls in an appropriate

17 academic success class.

18 Could you talk a little bit about all the

19 things that are done, or if you have different

20 programs designed for different students based on,

21 you know, how far below they've fallen when they get

22 triggered on probation?

23 DEAN BECKMAN: Sure. Well, probably the

24 best person to respond to that with great detail

25 would be Dean Meldrum.

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1 ASSOCIATE DEAN MELDRUM: Yes. Actually,

2 our academic success program begins well in advance

3 of probation. It begins prior to the matriculation

4 of our students.

5 When the law school first opened, we did

6 not have a Bridge Week program; but we learned very

7 quickly that the demographic of the students to

8 which we were catering, that it really would benefit

9 them to have that opportunity to learn how to learn

10 before we before we expected them to learn. So we

11 started a Bridge Week Program, and that's the week

12 before matriculation.

13 And then all students participate in the

14 Academic Success Program 1, known as ASP 1. That

15 program is all about academic success courses. It's

16 provided to the students at no cost. And so all

17 students participate in that.

18 After the completion of their first

19 semester, those students who we've identified as

20 potentially being at risk -- and that in the past

21 has been 2.35 or below, we were going to change that

22 to be 2.33 or below 2.33 -- they participate in

23 Academic Success Program 2. And that course is also

24 available for all students on a voluntary basis, but

25 it's mandatory for those students who do not receive

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1 a 2.33 or better. Thereafter, for students who may

2 come to be on probation in a successive term, we

3 have the Academic Success Program 3.

4 And then finally, at the last phase of our

5 Academic Success Program there's the Bar Exam Skills

6 Course, which also includes counseling for the Bar

7 or will include counseling for the Bar. In addition,

8 we have counseling provided by many of our Academic

9 Success faculty. I provide counseling to all

10 students. I identify them as at-risk after they

11 take their midterm exams. And I provide one-on-one

12 counseling for them, as well as counseling support

13 when I'm the director of Academic Success.

14 Finally, we employ three writing

15 specialists. We've identified some core-level

16 writing deficiencies, and so we have three writing

17 specialists that frequently provide tutoring to our

18 students as well.

19 VICE DEAN JOY: And you've kind of been

20 responding to my question. You mixed two things,

21 and so I want to separate out. You know, I

22 understand all of the programs that every student

23 engages in. And then you were talking -- and if I

24 heard you correctly, so you may have to fill me out

25 -- but one of the things I heard you say is based on

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1 midterm exams. If students do poorly, they then

2 receive some additional counseling; is that correct?

3 ASSOCIATE DEAN MELDRUM: Yes, sir.

4 VICE DEAN JOY: Okay. And what does that

5 counseling consist of?

6 ASSOCIATE DEAN MELDRUM: Well, it

7 generally depends on the needs of each student. I

8 start first by identifying those across the

9 curriculum that appear to have not done as well on

10 the midterms. And maybe it was one midterm; but

11 more likely than not, it's a pattern across the

12 curriculum on the courses that they have.

13 And so the first step is, I sit down and I

14 talk with them about why they feel like they weren't

15 as successful as they would have liked to have been.

16 I also require each of the students to meet with

17 their doctrinal faculty to discuss their midterm

18 exams so that they can get some feedback to improve.

19 Thereafter, I also make recommendations

20 for their tutoring through the writing specialists

21 and through the director of Academic Success as

22 well. Some of those students who may have some

23 additional problems, we may, depending on their

24 needs, refer them to the library for additional

25 resources that we have available there.

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1 VICE DEAN JOY: Okay. And then once a

2 student -- this is after the midterms, but this is

3 before a student might be placed on academic

4 probation; do I have that correct?

5 ASSOCIATE DEAN MELDRUM: Yes, this is

6 every term.

7 VICE DEAN JOY: Okay. Now, once a student

8 gets on academic probation, I'm making an assumption

9 that at least some of those students are students

10 that everybody's been working with because, you

11 know, some of them have been experiencing academic

12 issues all along, and then at some point they get

13 into academic probation.

14 What programs, if any, do you have in

15 addition to what you've been doing once a student

16 actually gets into probation?

17 ASSOCIATE DEAN MELDRUM: I can't say that

18 it's different than what we've provided before; I

19 can only say that it's a bit more targeted.

20 So generally, once we identify the needs

21 of that student, either through the midterm results

22 or also through our turning-point questions -- we

23 provide multiple-choice questions in every class.

24 So sometimes we pull that data to determine even

25 earlier whether or not they're making progress.

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1 Once they go on probation, they have more frequent

2 meetings with the director of Academic Success, as

3 well as their Academic Success professor.

4 And so, generally, that's the course that

5 those students have taken. They also have faculty

6 advisors as well. And I have found -- I generally

7 require them to have a closer relationship during

8 that period with their faculty advisor to do the

9 proper mentoring.

10 VICE DEAN JOY: Right. Do you ever

11 require a student on probation to take a reduced

12 course load?

13 ASSOCIATE DEAN MELDRUM: We've never

14 required a student on probation to take a reduced

15 course load; we have required them to do a reduced

16 workload.

17 VICE DEAN JOY: Okay. And kind of related

18 to academic probation then, it indicates that since

19 the end of the fall 2010, 18 students have been

20 academically dismissed; and also you indicated that

21 you readmitted six of the previously disqualified

22 students.

23 Of the 18 that were academically

24 dismissed, how many applied for remission? That's a

25 piece of information I didn't have.

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1 ASSOCIATE DEAN MELDRUM: Bear with me just

2 a moment.

3 For October, it shows a part-time class of

4 2013, four students were academically dismissed,

5 four students sought readmission; two of whom were

6 readmitted.

7 Of the part-time class of 2014, one

8 student petitioned for readmission, of the one that

9 was academically dismissed -- and this was in the

10 fall of 2010. Full-time --

11 VICE DEAN JOY: I'm sorry. One petitioned

12 for readmission. Was that student readmitted or

13 not?

14 ASSOCIATE DEAN MELDRUM: That student was

15 not readmitted.

16 VICE DEAN JOY: Okay.

17 ASSOCIATE DEAN MELDRUM: And, again, I'm

18 going with the fall of 2010.

19 VICE DEAN JOY: Sure.

20 ASSOCIATE DEAN MELDRUM: The full-time

21 class of 2013, in the fall of 2010, had one student

22 that petitioned for readmission, and no

23 readmissions.

24 VICE DEAN JOY: Okay.

25 ASSOCIATE DEAN MELDRUM: The readmissions

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1 from the fall constituted two students and from

2 that, six students sought readmission.

3 In the spring --

4 VICE DEAN JOY: Okay.

5 ASSOCIATE DEAN MELDRUM: I'm sorry.

6 VICE DEAN JOY: Oh, no. I'm sorry. Go

7 ahead.

8 ASSOCIATE DEAN MELDRUM: Spring 2011 --

9 maybe I can speed it up more by just adding it all

10 together for you -- we had 10 students who sought

11 readmission and four were readmitted.

12 VICE DEAN JOY: Okay. And of the six

13 total that had been readmitted as of fall 2010, it

14 indicated that two had gone through their

15 probationary year, one was disqualified again during

16 this -- I should say probationary semester, not year

17 -- and one successfully completed the readmission

18 probationary semester.

19 And then it says that currently there are

20 four who are in their probationary semester during

21 fall 2011.

22 ASSOCIATE DEAN MELDRUM: Yes, sir. Back to

23 your initial question, though, you indicated fall of

24 2010. At the time of fall 2010, we had no students

25 who had been dismissed at the beginning of fall

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1 2010.

2 VICE DEAN JOY: I should have said since

3 the end of fall.

4 ASSOCIATE DEAN MELDRUM: I'm sorry. I'm

5 sorry. Could you ask the question again?

6 VICE DEAN JOY: Since the end of fall

7 2010, the school had academically dismissed 18

8 students, but then has readmitted six of the

9 previously disqualified students?

10 ASSOCIATE DEAN MELDRUM: Yes.

11 VICE DEAN JOY: Okay. Fine.

12 ASSOCIATE DEAN MELDRUM: Yes, we have

13 readmitted six.

14 VICE DEAN JOY: Okay. I've clarified the

15 questions I have; I'm not sure if you have any.

16 ASSOCIATE DEAN MELDRUM: I'm sorry. I

17 apologize for my confusion.

18 VICE DEAN JOY: No problem. And still

19 sticking with admissions issues, I'm taking a look

20 at the minority student admissions. And I see that

21 for the class entering in twenty, nine -- 2009, I

22 should say -- it was 8.6 percent; entering in 2010,

23 it was 8.8 percent; and now entering 2011, it's gone

24 down to 8 percent.

25 And I realize we're speaking about a very

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1 small number of students, but I'm wondering if

2 there's any concern on the part of the law school in

3 terms of your yield on minority admissions, if you

4 believe that there's anything more that you could be

5 doing? I'd like to hear your thoughts on that.

6 DEAN BECKMAN: Sure. Yes, we've looked at

7 it from a number of different perspectives to try to

8 ascertain what challenges have been presented with

9 regard to minority admissions.

10 We, as you know, we made some significant

11 changes in our Admissions Department. And Dean Cook,

12 working with the administration, has actually

13 developed a fairly comprehensive plan to try to

14 overcome some of those challenges and be more

15 successful with our minority admissions and yield

16 record, which covers a lot of different areas.

17 Dean Cook, would like to speak to some of

18 those areas, highlight some of them?

19 ASSOCIATE DEAN COOK: Certainly. I think

20 in regards to our minority recruitment efforts, one

21 of the places we really want to improve is in the

22 area of our target marketing. Steps that we've taken

23 include developing our own internal database, if you

24 will, of contacts at historically Black colleges and

25 universities, as well as institutions that are

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1 affiliated with historically -- excuse me --

2 Hispanic association of colleges and universities.

3 And so starting to develop and facilitate

4 those relationships, I think will be very important

5 particularly for the new and young law schools. And

6 that's an area where we're really starting to focus

7 heavily on. That's not to say that it wasn't being

8 done before, because it was; but on a go-forward

9 basis, I'm devoting more energy in that particular

10 area.

11 For instance, one of the examples, we

12 recently did a mass email, if you will for lack of a

13 better term, and I'll call it an introductory

14 letter. Since I am new to the staff, one of the

15 things I wanted to immediately do is introduce

16 myself to some of the contacts we had on record --

17 there were about 516 of them -- and, essentially,

18 introducing myself to those individuals and telling

19 them a little bit about the mission of the Duncan

20 School of Law, and essentially asking if I could

21 have time with them to visit with them about our

22 program of study, visit with their students about

23 our program of study, as well as inviting them to

24 come and visit our institution, if they had a group

25 of students that are interested in coming to

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1 Knoxville and taking a look.

2 Another method, in regards to this target

3 marketing effort, is becoming more effective in

4 terms of how we use the law school admission

5 counsel's candidate referral service. Now, there is

6 a slight caveat there because being non-ABA,

7 students are opting-in to not only CRS, but also

8 opting-in to being contacted by a non-approved

9 school.

10 So we're not seeing the full scope of

11 what's available in regards to the applicant pool in

12 that sense; but we have had some success in terms of

13 our targeted searches through CRS, and, again,

14 getting out some of those electronic communications

15 with those students, as well as following up with

16 print material.

17 We have a wonderful PR staff with Lincoln

18 Memorial University that I am beginning to work

19 closely with in terms of developing the right types

20 of materials that will be communicating the message

21 that we want to communicate in regards to the

22 diverse opportunities available, not only at the

23 school of law, but also within the community of

24 Knoxville as well as the region.

25 Because I think one of the things we have

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1 to consider is, you're just not talking about legal

2 education, sometimes you're also talking about a

3 lifestyle and students being comfortable in their

4 learning environment and, consequently, performing

5 better, hopefully, in the academic setting as a

6 result. So, again, developing promotional materials

7 that reflect our commitment to diversity, and being

8 able to send those out in an appropriate manner.

9 VICE DEAN JOY: And -- I'm sorry. I

10 didn't want to cut anybody off.

11 DEAN BECKMAN: Could I add a couple of

12 things to that?

13 VICE DEAN JOY: Sure. Sure. I do have a

14 follow-up question, but why don't you go ahead and

15 add to that.

16 DEAN BECKMAN: Well, I want to highlight

17 just a couple of other things in my mind. One of the

18 things that we have done with some success is we've

19 also utilized sort of student ambassadors. And we

20 found that current students calling perspective

21 students is incredibly effective. And we've done

22 that with our diverse students and are non-diverse

23 students, and it's been a great experience. In

24 fact, we matriculated a young lady who came to an

25 open house, and the reason she came to the open

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1 house is because she got a personal phone call from

2 a student.

3 Another thing that we've done is we have

4 utilized a company to assess our marketing

5 materials. And I'll just tell you, just as you

6 didn't go to math, you know, you didn't get a degree

7 in mathematics, I didn't get a degree in marketing.

8 And so I'm here to tell you that this

9 really can be a substantial impact if you use

10 quality marketing materials versus marketing

11 materials that are less effective. And so we have

12 employed a company that's done some work for us --

13 research -- to determine the effectiveness of

14 marketing materials, both for the law school and for

15 minority groups. So that's another thing.

16 And one last thing I'll highlight is this,

17 and I think this is important. We have a fairly

18 diverse faculty. In fact, our numbers, I think are

19 -- I'm very proud. I'll just tell you, I'm very

20 proud of our diverse faculty. And I think that

21 impacts students. If they have a diverse faculty,

22 it helps -- at least that's my hope -- it'll help

23 attract a diverse student body population.

24 DR. HESS: One other thing. Some of those

25 faculty members have initiated a program to reach

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1 out long-term. We want to develop our area in

2 knowledge of what's available to Duncan for minority

3 students. And you may want -- I don't want that to

4 go unmentioned.

5 DEAN BECKMAN: Yeah, our Pipeline Program,

6 and although it does reach back, obviously, to

7 middle school and high school, you have to start

8 somewhere. And the community has embraced us so

9 much that literally my faculty member could, if she

10 wanted to, speak at a high school or middle school

11 every day. And she's been asked back and our

12 faculty are getting more involved in that. So I'm

13 real happy with our Pipeline Program, that I think

14 over time will bear fruit.

15 VICE DEAN JOY: Okay. And so hearing

16 about all these efforts and redoubled efforts, would

17 it be fair to say that you believe that the numbers

18 should be higher and you're working towards really

19 trying to have a more diverse study body?

20 DEAN BECKMAN: Yes, sir.

21 VICE DEAN JOY: Okay. I don't know if

22 you're ready for the questions I asked concerning

23 the LSATS.

24 DEAN BECKMAN: Let me know if this doesn't

25 give you what you're looking for, sir.

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1 For that class, the lowest LSAT was a 140,

2 and that particular individual had a 2.33 GPA.

3 The lowest GPA 182 and had a 152 LSAT, and

4 that was a reentry student.

5 VICE DEAN JOY: Okay. And so to kind of

6 circle back and wrap-up some of the academic support

7 issues. Would you explain a little bit about the

8 experience and qualifications of the person who

9 heads up the academic support program?

10 DEAN BECKMAN: Sure. Right now, it's

11 headed -- well, let me backup a little bit because,

12 in many respects, ASP is a team effort. And ASP

13 really does filter through the entire institution.

14 And that's important. It's not as though Professor

15 Walker is an island on his own. He is somebody who

16 is committed and works with faculty to see what is

17 most effective. So that's important.

18 We previously had someone with some ASP

19 experience and it had been changed, and now it's

20 Professor Walker who leads that department, who is

21 involved in that. He's been involved in legal

22 writing and those sorts of things for a long time,

23 clerked for a judge and that sort of thing, so his

24 credentials are fairly practical credentials, if you

25 will.

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1 But really to answer your question, if I

2 could, I want to reframe it a little bit and answer

3 it this way and tell me if it doesn't give you what

4 you want.

5 VICE DEAN JOY: Okay. But if it doesn't,

6 I'll just restate my question.

7 DEAN BECKMAN: That's fine. That's fine.

8 What I think's important is trying to

9 determine whether it's a successful program. I

10 mean, with our limited data -- we have very limited

11 data to ascertain and assess whether it's effective.

12 But ASP has assessment -- we assess

13 everything -- at two levels. First is the

14 individual course level assessment. And we do that

15 a couple of ways -- if I leave something out, please

16 jump in -- but subjective surveys of students, for

17 example. And we survey students, you know, has this

18 been effective. Now, we know that that's just

19 limited data, but it's one, one indicator.

20 The second is individual course

21 assignments where a student will perform an

22 assignment and then later, after counseling,

23 whatever, perform again and see if there's

24 improvement. So at the individual course level,

25 that's two methods of assessment.

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1 We also have departmental level

2 assessment. In that case, the director would use

3 the students' portfolios. Now, he doesn't review

4 every portfolio, but every student at Duncan has a

5 writing portfolio where every graded writing

6 assignment is cataloged in a portfolio and held. So

7 what he does at the beginning of every academic

8 term, he'll literally randomly pull different

9 portfolios, at least 10 percent, to assess progress

10 in writing. And so that's sort of a departmental

11 level assessment to determine whether or not we're

12 being effective. That said, we're young, and I

13 can't tell you that it's necessarily effective; but

14 I think over time, we'll determine whether it is.

15 VICE DEAN JOY: Because you gave me other

16 information that I just want to make sure as to my

17 question concerning the experience and

18 qualifications of the person who is, at least,

19 normally the head of pervasive Academic Success

20 Programs.

21 DEAN BECKMAN: Sure.

22 VICE DEAN JOY: Professor Walker, it

23 sounded as though you were saying he's somebody

24 who's had experience, he's a legal writing person,

25 but not prior experience in heading up an Academic

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1 Success Program?

2 DEAN BECKMAN: That's true.

3 VICE DEAN JOY: And also, you indicated

4 that he hasn't been the person heading up that

5 program since its inception.

6 DEAN BECKMAN: That's true.

7 VICE DEAN JOY: When did he start?

8 DEAN BECKMAN: He officially started as

9 head of the program this fall.

10 VICE DEAN JOY: Okay. So some of these

11 questions you might not have the answer to, but I

12 want to ask them just to be sure.

13 Do you know whether he or anyone else has

14 been taking a look and trying to correlate, say the

15 admissions credentials of students along with those

16 who end up needing extra counseling or get into

17 probation or are academically dismissed?

18 DEAN BECKMAN: Yes, do you want to try to

19 --

20 ASSOCIATE DEAN MELDRUM: Yes. Actually, if

21 I may, we brought a chart. We do have limited data,

22 obviously, with our Academic Success Program. But

23 one of the things that I think is most telling

24 about, at least, some indication of some success

25 with the program involves our ability to meet the

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1 needs of those students who are identified in the

2 bottom 25th percentile on both their GPA and their

3 LSAT.

4 And of the group, the red squares are

5 indicative of students who have been dismissed. I'm

6 sorry, if you can't --

7 VICE DEAN JOY: Oh, no, that's okay, since

8 I have a copy.

9 ASSOCIATE DEAN MELDRUM: The red box

10 represents students who have been dismissed. We've

11 only had two students that are in the bottom 25th

12 percentile on LSAT and GPA be dismissed. And,

13 again, we recognize that there are many variables

14 that that could speak to, but we do believe that

15 that is indicative of at least some success of our

16 Academic Success Program.

17 In addition to Professor Walker, who has

18 taken over the Academic Success Program, we also

19 have another component for the Bar Exam Skills. And

20 we don't feel that Bar Exam Skills start when you

21 get ready to graduate. So we have hired someone

22 with significant experience in Academic Success to

23 aid us in the process, to start the counseling

24 that's worked toward the success on Bar Exam much

25 earlier on in the process. So we have added some

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1 support to that program.

2 VICE DEAN JOY: All right. And I'm going

3 to ask you a couple of questions where probably

4 you're going to just say, that's right; but I'm

5 doing this both to create a record and because the

6 rest of the committee may not be able to see the

7 graph that you have there.

8 I'm looking at it, and it indicates that

9 of the 18 academically dismissed students -- am I

10 correct, is this the 18 students that we were

11 talking about previously? Because I see this is at

12 the end of spring 2011, so it may have more than the

13 18. I'm not sure.

14 ASSOCIATE DEAN MELDRUM: No, I actually

15 show 19.

16 VICE DEAN JOY: Oh, you show 19. Okay. So

17 that's because this is based on a different time

18 frame, a longer time frame than previously.

19 So out of the 19, I see 17 of them

20 probably had an LSAT of 148 or below. I know it's

21 under 150; but you didn't graduate on the graph, but

22 it looks to be about a 148 or below.

23 ASSOCIATE DEAN MELDRUM: That looks to be

24 accurate, sir.

25 VICE DEAN JOY: Okay. And there's one at

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1 150, and a second one at probably a 151.

2 ASSOCIATE DEAN MELDRUM: Yes, sir.

3 VICE DEAN JOY: Okay. And the lowest on

4 the scale looks to be probably a 138 LSAT.

5 ASSOCIATE DEAN MELDRUM: I believe that to

6 be true.

7 VICE DEAN JOY: Okay. And you show at

8 that level only one other current student, but that

9 is not on probation. I mean -- I'm sorry -- has not

10 been dismissed, so you have somebody there. And the

11 one who is at the 138 LSAT had an entering GPA of

12 something under 3.0 but over -- probably close to

13 2.9 or 2.9 and a fraction.

14 ASSOCIATE DEAN MELDRUM: Yes, sir, the one

15 that was dismissed.

16 VICE DEAN JOY: Okay. And then on the

17 GPA, just to get this on the record, you have one

18 academically dismissed student with over a 3.75 GPA,

19 but that's somebody who probably had about 141 LSAT.

20 ASSOCIATE DEAN MELDRUM: Yes.

21 VICE DEAN JOY: And then you have another

22 with about a 3.55 GPA and, again, an LSAT of about

23 141.

24 The lowest GPA of anybody on academic

25 probation -- I mean, I'm sorry, academically

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1 dismissed was someone with a GPA of probably about a

2 2.45 or four and some fraction, 2.4 and some

3 fraction, but also an LSAT of about a 143, would be

4 my guess.

5 ASSOCIATE DEAN MELDRUM: Correct.

6 VICE DEAN JOY: Okay. So I think that it

7 at least tries to create the record, and I'll

8 probably ask at the end to have this copy

9 incorporated so that the counsel can actually have

10 the graph with them.

11 Based on now this tracking that you've

12 done, what conclusions have you come to about things

13 that this school could be doing or should be doing

14 to try to make adjustments in light of the data that

15 you have?

16 ASSOCIATE DEAN MELDRUM: Well, first I

17 will say that we have limited data, so we're not

18 prepared to formulate any final conclusions that

19 would necessitate an overall change in the Academic

20 Success Program until we've had a bit more time

21 under one director, utilizing the same courses that

22 we set forth, especially if we could have some

23 students who have taken the Bar, you know. All

24 those factors will be looked at together.

25 But my intention at this point is to

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1 provide this data. I have an opportunity next month

2 to meet with the Admissions Committee, and my intent

3 is to speak with them about what my data reveals. I

4 think it's important when they are making admissions

5 decisions -- I'm not on that committee -- that as

6 they're considering whether or not a student can be

7 successful in the academic program, that I can show

8 them evidence that I have that would indicate those

9 that are most likely to succeed. So we intend to

10 use the data with the Admissions Committee.

11 And I also intend to use the data with the

12 Academic Standards Committee so as they're making

13 decisions regarding readmission, they need to be

14 made aware of the likelihood of success, at least

15 the limited evidence that we have might reveal.

16 VICE DEAN JOY: And have you consulted

17 with anyone who's had experience in law schools with

18 Academic Success Programs to show them the data that

19 you've collected, review the programs that you have,

20 and ask them for advice or suggestions,

21 recommendations?

22 DEAN BECKMAN: We've done better than

23 that, we've hired one. We've actually hired an

24 individual who has experience with -- a great deal

25 of experience with academic support, with Bar

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1 preparation with great success, and he will start

2 with us next July -- and, in fact, even experience

3 specifically with the Tennessee Bar. So, yeah,

4 we've hired somebody. We spent a great deal of time

5 doing that.

6 What's interesting, so you know the

7 timelines, where we are. We were fortunate to get

8 this individual. And it took us -- I wanted to walk

9 in today with the contract, but part of the SAC's

10 requirement is we have to have their actual

11 transcripts. And we didn't get the transcript from

12 Columbia until Thursday, and so I didn't get all the

13 paperwork done to go with the signed contract so I

14 could say, hey, here he is and here's what going on.

15 VICE DEAN JOY: So if I understand you

16 correctly, you've hired somebody to do this, but the

17 start date is July 2012?

18 DEAN BECKMAN: That's correct. July 1,

19 2012.

20 VICE DEAN JOY: In between now and July

21 2012, do you have a temporary consultant? A pro

22 bono advisor? Someone with experience trying to

23 help you take a look at what you could do for your

24 current students so that they can progress well,

25 both in the law school and then eventually become

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1 members of the Bar?

2 DEAN BECKMAN: Yeah, I think we've done --

3 well, an individual aside from him, no; but we've

4 done a number of things.

5 We consulted with, for example -- Gordon,

6 help me with his name.

7 ASSOCIATE DEAN RUSSELL: Jim Jander.

8 DEAN BECKMAN: Jim Jander, talked to him.

9 ASSOCIATE DEAN RUSSELL: We've had him do

10 videoconferences, talking to our faculty about the

11 way he thinks the programs works.

12 DEAN BECKMAN: We're trying to, sort of on

13 a grander scale, look at everything we could

14 possibly do that might enhance our students' ability

15 to be successful on the Bar exam. And so, for

16 example, we just started working with a new program

17 that Kaplan has so that we can start integrating Bar

18 questions throughout the curriculum over time so

19 they're more and more familiar with actually what

20 Bar exam questions are like.

21 So we're looking at a lot of different

22 things. I wouldn't say there's a thing that we've

23 done, but we're constantly -- anytime anything's out

24 there that we think may provide some benefit to our

25 faculty or students, we're looking at those kinds of

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1 options to try to give them more tools.

2 VICE DEAN JOY: Okay. And this is

3 probably one of those questions that will just

4 require a very straight answer.

5 No student has graduated yet, so you don't

6 have any Bar Exam results?

7 DEAN BECKMAN: Correct.

8 VICE DEAN JOY: But you have mentioned,

9 and it's been in the materials, that you have a lot

10 of Bar preparation, that you've been working with

11 students actually from the date that they enter law

12 school?

13 DEAN BECKMAN: That's true.

14 VICE DEAN JOY: Okay. And in terms of a

15 couple of the programs that you have, it states that

16 you plan to start an externship course in spring

17 2012?

18 DEAN BECKMAN: That's when students will

19 be placed, yes, that's right.

20 VICE DEAN JOY: And you indicate that both

21 full-time and part-time students will be equally

22 eligible to participate. But there was, in the

23 materials, some concern that part-time students

24 expressed that due to their existing work and home

25 obligations, it would be difficult for them to

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1 participate.

2 DEAN BECKMAN: That's true.

3 VICE DEAN JOY: Okay. Do you -- I don't

4 know -- has the new director of this externship

5 course, has that person been developing placements

6 already?

7 DEAN BECKMAN: Yes.

8 VICE DEAN JOY: Do you know how many

9 placements the person has developed?

10 DEAN BECKMAN: Yes.

11 VICE DEAN JOY: Okay. How many?

12 DEAN BECKMAN: We have as we sit here

13 today, unless it's changed in the last three days

14 since we've to Chicago, we had 17 confirmed places,

15 and we have 10 that were being developed that were

16 not confirmed; so 17 confirmed, 10 that were sort of

17 under consideration. And it's important to note

18 that of those, there will only be a small number of

19 students actually eligible and having an opportunity

20 in the curriculum to take an externship program in

21 the spring.

22 So to be precise, 65?

23 ASSOCIATE DEAN MELDRUM: It will only be

24 65 students who are eligible. While we intend to

25 offer the opportunity to both full-time and part-

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1 time students, the constant nature of our required

2 course curriculum, the full-time students won't be

3 able to take advantage of that opportunity until the

4 summer.

5 So it's the part-time class of 2013 that

6 can actually participate in the externship program.

7 We have 65 students within that class, and I will

8 have five other electives outside of the externship

9 program from which they can choose. So I suspect

10 that there will be 20 or less students who will

11 decide to participate in that externship program.

12 So his initial charge was to ensure that we had

13 sufficient placement fall and spring to meet their

14 needs, and he's already accomplished that.

15 VICE DEAN JOY: And of those placements,

16 do you know if any of them are ones that either

17 provide for a student to work outside normal

18 business hours and otherwise accommodate part-time

19 students?

20 DEAN BECKMAN: Yeah, that's been part of

21 the charge. And so off the top of my head, for

22 example, one of the areas we've looked at is

23 municipal courts. Municipal courts frequently run

24 outside of normal business hours. I used to be a

25 part-time municipal judge, and we had dockets until

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1 eleven o'clock at night. So I'm familiar with, at

2 least in Texas how we did it, so, yes.

3 VICE DEAN JOY: Would it be fair to say

4 that every effort will be made to try to accommodate

5 part-time students who want an externship by

6 developing opportunities that might be able to be

7 done given the obligations that they have with their

8 work and family?

9 DEAN BECKMAN: Yes.

10 VICE DEAN JOY: Also, just to have this in

11 the record, it states that the law school doesn't

12 have any plans to establish an in-house clinic in

13 the near future.

14 DEAN BECKMAN: That's correct.

15 VICE DEAN JOY: Looking down the road in

16 terms of strategic planning, is that an issue that's

17 still going to be discussed? What are your thoughts

18 on that?

19 DEAN BECKMAN: Well, I tell you, I have

20 two different thoughts. I think one, I want us

21 always to have a robust externship program. I think

22 that's important. We certainly have talked about

23 clinics and although it's not in our sort of

24 immediate Strategic Plan, we do discuss it and we

25 discuss the kinds of clinics, what would be the most

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1 appropriate clinic, just sort of the needs of the

2 local community, and it would sort of work with us.

3 So, yes, as our Strategic Plan sits right now, it

4 does include -- we talk about it regularly at

5 strategic plan.

6 VICE DEAN JOY: Okay. Moving on to the

7 co-curricular activities such as Law Review, Moot

8 Court and Mock Trial. Again, I know you have a

9 required curriculum. One of the statements in the

10 materials is that the law school believes that it

11 might be impossible, or almost impossible for part-

12 time students to participate in these programs. And

13 it could be that that's just the Site Team reporting

14 back something that they heard in the Site Report,

15 but I want to clarify that for the record.

16 DEAN BECKMAN: Yeah, I think -- but I

17 think what was said was, impossible to participate

18 for credit.

19 VICE DEAN JOY: Okay.

20 DEAN BECKMAN: Because -- no, in fact, up

21 until I guess this last recent class, Law Review was

22 nothing but part-time students.

23 VICE DEAN JOY: Okay.

24 DEAN BECKMAN: Moot Court was nothing but

25 part-time students. And it's actually somewhere in

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1 here. I can dig it out, because I know I have it.

2 I can tell you with specificity how many of each

3 cohort are participating. No, no, no, it's never

4 been the case.

5 The problem we encountered was when we

6 first started -- and this is in the material -- when

7 we first started, we gave credit. The problem was

8 we couldn't figure out a way, given everything that

9 we do, to give them credit and comply with the ABA

10 standard. It created a problem for us with timing

11 and everything else. That's what -- I think there's

12 a piece missing from the sentence because -- no, in

13 fact, they've been the first ones participating in

14 all of those co-curricular activities.

15 VICE DEAN JOY: All right. As you see,

16 that's part of the reason I'm asking some of these

17 questions, to nail things down.

18 I'd like to move to the library and talk

19 about the plans the law school has in terms of

20 increasing library services as the student

21 population and faculty grow.

22 DEAN BECKMAN: Sure.

23 VICE DEAN JOY: So that's my question:

24 What are the plans in terms of increasing service?

25 And how have you been monitoring, to date, the need

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1 for increased services and what are your plans

2 moving forward in that regard?

3 DEAN BECKMAN: I'll start backwards. How

4 do we monitor? We survey people to death. We do.

5 The library does regular surveys. In fact, we're

6 trying to figure out how we can sort of consolidate

7 our surveys because we send so many surveys out to

8 try to determine those kinds of needs.

9 Our library, I'm incredibly proud of our

10 library. And we have, as you know, a primarily

11 electronic model. And the ultimate question is,

12 does our model serve the needs of our faculty and

13 our students. And I think unquestionably it does. I

14 can tell you that not only just the surveys, I sit

15 there and I go and I talk to these students, and I

16 ask them questions. And I'll sit down while they're

17 in the library -- and we have a library without

18 walls, but we do own some books -- and I'll sit down

19 and I'll talk them and I'll ask them about it. And

20 they'll tell me, you know, we use the books when

21 we're told to use the books; but other than that,

22 we're online because we have such a robust library

23 and such robust resources.

24 So from the student perspective, I think

25 we're clearly meeting the needs. Remember, I come

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1 from a small practice. And I have to tell you, we

2 couldn't afford to keep up a tremendous library.

3 And what we used was electronic resources. And I

4 can tell you that in talking to law firms all over,

5 they're not buying books. They're buying electronic

6 resources. So our students are learning how to use

7 what they're going to learn in practice, that's

8 number one.

9 Number two, what about faculty.

10 Well, our faculty know coming in, we're

11 primarily electronic. I can tell you with a

12 certainty because I asked this question at the last

13 faculty meeting and everybody was present. I asked

14 the question: Has anybody ever asked for a resource

15 and has been denied; and the answer is, no.

16 Are you getting what you need? We train

17 our faculty like crazy. We have training sessions

18 all the time on how to use and become more effective

19 at using electronic resources. And so we provide

20 services as far as materials and what goes into the

21 resources library.

22 ASSOCIATE DEAN RUSSELL: I was going to

23 say as an aside, occasionally the Dean even shows up

24 for those trainings.

25 DEAN BECKMAN: Once in a while. Once in a

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1 while.

2 But in addition to that, one of the things

3 -- we have lots of librarians. And so we have

4 librarians. We have an emerging technologies

5 librarian. We have librarians that provide lots of

6 different services. Our librarians are integrated

7 within our faculty. I mean, their offices are next

8 to faculty's and they each have liaisons, so they

9 work with the faculty and find out what they need.

10 The librarians take the faculty to the

11 lunch and say, we want to find out what your

12 scholarly agenda is and how can we help you. So

13 that provides two things, one, a monitoring and,

14 two, to make sure that the resources are there. So

15 those are some of the things we do.

16 We added a paraprofessional most recently.

17 When the Site Team, one of the things that they said

18 to us was, you know, you have professionals doing

19 sort of paraprofessional work. You ought to think

20 about adding a paraprofessional; we did. We've

21 added a paraprofessional. So we are very cognizant

22 of that, and I think very active in that. And I'll

23 shut up and let -- it's really his bailiwick.

24 ASSOCIATE DEAN RUSSELL: To focus on just

25 sort of services, what I think you're asking. What

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1 we have done since the Site Team was there, we have

2 filled a paraprofessional position. We are

3 currently advertising for another position for a

4 librarian. That position would fall in student

5 services.

6 We're sort of splitting our responsibility

7 between student services librarian and faculty

8 services librarian. That position, we've

9 interviewed for. We weren't really pleased with the

10 candidates. We are re-advertising, but it is an

11 open position to be filled this year that would add

12 to our librarians.

13 So the process aspect is, we try to

14 integrate so that our librarians are embedded with

15 about four or five faculty, so their offices are

16 there with the faculty to provide services. We do a

17 service aspect. We do a research pool of students

18 who work under the librarians to provide research

19 assistance to the faculty. The faculty, if they

20 want to have a direct research assistant who, again,

21 is under the supervision of the librarian putting

22 those pieces together.

23 We do two things that I think are a little

24 bit different than probably a lot of other schools

25 with regard to service. We are using what's called

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1 Lid Guide through online electronic library guides

2 that we're creating. We create them. We create one

3 for each faculty member. So as we sit with our

4 faculty to see what their interests are, we build

5 that sort of guide. So it's only for them to

6 access. It'll take them to the sources that they

7 are looking at, what they see as RSV, do they want

8 to have that. Some of them use it extensively,

9 others use it less; but we try to develop that need

10 on an individual level to the research needs of the

11 faculty.

12 And the second piece is the course level.

13 We develop library guides that are related to the

14 courses so that -- and I think this is probably

15 because we think because we have an electronic

16 library, it's very important that we look at the

17 table of contents of our courses, look at what

18 materials and read and direct our students to the

19 materials that are available to them through our

20 electronic resources through that guide. So the

21 guides are produced to match up to what courses are

22 being taught and what resources. So resources, for

23 example, to specific catalogs. It might be

24 resources to specific books.

25 So, for example, this year, we entered

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1 into agreement with West. We're doing a trial

2 project with West for West study books. They have

3 350 titles that are electronically available that

4 students can buy. We purchased them as part of our

5 West. Our students now have access to them as e-

6 products. So in the guides, we're starting to put

7 the links to those particular books, whether it's a

8 nutshell or an e-thing, to give the students an

9 opportunity.

10 One of the reasons we made that decision -

11 - and I think this goes back to the service piece --

12 in surveying our students, for the last three years

13 we did Aspen Study Guide. We gave that to every

14 student. The library paid for every student to have

15 Aspen Study Guides. We thought that would be a

16 great way for them to do outlining and case notes

17 and those pieces. And then we gave them, as part of

18 that package, the Understanding Book for each of the

19 courses they were taking.

20 Then we started doing surveys, and we

21 found out that 15 percent of our students would

22 actually use the product. We said, well, that

23 hasn't worked as a way to get them, let's try this

24 other product and give them 350 titles. And so

25 we've got four or five titles that they can look at

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1 and decide which one works for them. And we're

2 going to do surveys of that as well.

3 VICE DEAN JOY: Okay. I have just a few

4 more questions that probably can be answered

5 relatively briefly so we could end the hearing. And

6 you may take that as a signal to -- as you like.

7 So one of the things that was hard for me

8 to understand concerning the library without walls

9 is, is there a reference desk, someplace in the law

10 school; and if there isn't, what is there for a

11 student who needs reference help? Is there a

12 directory that points to where the reference

13 librarian's office is, or is there a guide to follow

14 these footsteps and find the reference librarian,

15 you know? That's a question that I have.

16 ASSOCIATE DEAN RUSSELL: I think you have

17 to think about out building -- sort of the library

18 as being spread throughout the building.

19 VICE DEAN JOY: I have that in my notes.

20 ASSOCIATE DEAN RUSSELL: So the libraries

21 are in different places. One way we've dealt with

22 this is, we don't have a physical reference desk.

23 We have a virtual reference desk. We man the

24 reference desk virtually, our librarian. All of our

25 students -- and we're using -- we use Microsoft

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1 Live. All of our students are signed into Microsoft

2 Live using their LMU EDU account, as are our

3 faculty.

4 And they can -- it extends beyond the

5 reference library. I want to make this point -- we

6 asked our faculty also to do office hours virtually

7 using this same service as part of their time. So

8 our students know that they can contact office hours

9 of our faculty that they have online, they know that

10 the reference desk is available, they can clearly

11 login to reference DSOL and they can ask a question.

12 We can push our information.

13 VICE DEAN JOY: But if a student wants to

14 see a reference librarian in the flesh, is that an

15 option?

16 ASSOCIATE DEAN RUSSELL: It sure is. I

17 would --

18 VICE DEAN JOY: That's all.

19 ASSOCIATE DEAN RUSSELL: I'd like to

20 answer literally that the faculty and our students

21 are just outside. Our faculty can't hide from our

22 students; our librarian can't hide from our

23 students. They're very, very visible.

24 VICE DEAN JOY: All right. And if a

25 faculty member wants a journal, say a law review,

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1 and I understand you use HeinOnline, and Lexis and

2 Westlaw. The law review came out in July, but

3 HeinOnline hasn't loaded it yet, Lexis hasn't but

4 they will very shortly, Westlaw hasn't but they will

5 very shortly, but the professor's finishing a law

6 review article trying to get it out for a

7 publication window and has heard about this law

8 review article and wants a copy of it. How does

9 that law professor get a copy of that law review?

10 ASSOCIATE DEAN RUSSELL: Well, you'll

11 contact the librarian who would give you the library

12 law. The reality, I'm going to be totally honest

13 with you, what we would probably do in this case --

14 we are literally a mile from the University of

15 Tennessee, and we have done this on occasion -- my

16 librarian would walk over and make a photocopy and

17 walk it back to the professor.

18 VICE DEAN JOY: Okay. And moving away

19 from the library to the physical plant. I know that

20 there is space to be built out, both in terms of the

21 some student needs and faculty needs. What are the

22 school's plans in that area, both, in terms of when

23 you project more space needs to be built out? When

24 will that phase begin; or if it's currently being

25 done, what are you in the process of doing now?

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1 DEAN BECKMAN: Well, let me ask you to

2 clarify. When you say built out, what do you mean

3 by "built out"?

4 VICE DEAN JOY: Well, for example, I

5 thought, as I recall, there was a statement about

6 that there is some space available to, I think the

7 word was used "built out" for faculty offices that

8 is accommodating staff.

9 DEAN BECKMAN: Yeah, let me sort of tell

10 you where we are and that may clarify it. We have

11 this enormous building that has now completely been

12 remodeled top to bottom. That's finished.

13 What's not finished is there may be some

14 rooms that are empty, lack of furniture or no

15 technology. Everytime we build a classroom out -- I

16 know that's not your question, but let me talk about

17 a classroom now. A lot of technology goes in the

18 classroom. So depending on the size, it starts at

19 about 50 grand and goes up on cost.

20 The reason we didn't go and build all the

21 classrooms out is because our student population,

22 we don't -- I mean, we have classrooms, you know.

23 You're not going to use it, why build it out. That

24 doesn't make fiscal sense. The other thing is,

25 technology changes. So our courtroom is more

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1 technologically advanced than the Lincoln Memorial

2 one. It was our very first one, because of the

3 years.

4 VICE DEAN JOY: Right.

5 DEAN BECKMAN: So we add technology as we

6 need it. We get together -- Dean Meldrum might do

7 this regularly. It's like, well, what are we going

8 to need, and make sure that we have everything in

9 place well before it starts. So if we're going to

10 start -- if we need another classroom, for example,

11 that's physically there but hasn't had the furniture

12 and technology, we sit down and figure that out. We

13 talk to finance. We talk to IT. They get a

14 schedule and they make sure that everything is done.

15 So that's the classroom.

16 The faculty offices, we're flush with

17 offices. We just order furniture and throw it in

18 there, and we don't even have to mess with it. I'm

19 not sure I've answered the question.

20 VICE DEAN JOY: You're circling right

21 around.

22 DEAN BECKMAN: Okay.

23 VICE DEAN JOY: Do you have plans this

24 year to order furniture and electronic whatever for

25 faculty offices, or are you set until you hire more

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1 faculty? In terms of classroom space, you have the

2 space there and all you need to do is throw in the

3 furniture -- not -- I mean put in furniture and so

4 forth?

5 DEAN BECKMAN: Yeah. Yeah.

6 VICE DEAN JOY: And when do you imagine

7 the next time you're going to need a classroom built

8 out?

9 DEAN BECKMAN: Every summer, basically,

10 until we're -- yeah.

11 VICE DEAN JOY: Okay.

12 DEAN BECKMAN: So that's how our planning

13 works.

14 The other thing is we acquired another

15 building as it were. There's a building next to us.

16 I think it was in the materials, that anticipated.

17 Well, we've acquired it, and now that hasn't been

18 built out.

19 VICE DEAN JOY: Right.

20 DEAN BECKMAN: That's just a structure and

21 we're meeting with an architect to figure out the

22 best use of the space and that sort of thing.

23 VICE DEAN JOY: And on that building --

24 this is actually my last question.

25 DEAN BECKMAN: Okay.

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1 VICE DEAN JOY: It indicated, at least

2 when you were anticipating it, that you anticipated

3 a nominal lease amount for the building. And I

4 don't believe in the financials that I received that

5 there was any amount put in for rent or lease

6 payments. Do you have that information now that

7 you've leased it?

8 DEAN BECKMAN: I do. Again, the building

9 that we're in right now, I think you have that

10 amount. It's a $1.00 a year.

11 VICE DEAN JOY: Uh-hum.

12 DEAN BECKMAN: The building that we just

13 acquired is three thousand -- I don't remember

14 exactly -- three thousand -- I can get you a precise

15 amount, but it's roughly three-thousand-and-change.

16 VICE DEAN JOY: And that concludes my

17 questions, Ms. Bosse.

18 MS. BOSSE: Thank you very much. Any

19 questions from other committee members?

20 DEAN WHITE: I have one.

21 MS. BOSSE: Yes, Dean.

22 DEAN WHITE: With respect to your students

23 who are going to be taking the Bar, oftentimes, when

24 a school has not been given Provisional or Full

25 Accreditation, they have to work with the Supreme

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1 Court in order to give them permission to take the

2 Bar. Have you been working with the Supreme Court

3 of Tennessee to ensure that that happens, in case

4 you haven't gotten everything you wanted with

5 respect to accreditation and graduation?

6 DEAN BECKMAN: Yes, Dean White. We work

7 with the Tennessee Board of Law Examiners, that is

8 governed by the Tennessee Supreme Court, Rule 7,

9 specifically. And we actually received approval by

10 the Tennessee Board of Law Examiners, if my date is

11 correct, February 24, 2009.

12 And so our students right now, if we are

13 unsuccessful with obtaining accreditation through

14 this body, then we do have permission for them to

15 take the Tennessee Bar, yes, sir.

16 MS. BOSSE: Any other questions? Professor

17 Goldner.

18 PROFESSOR GOLDNER: Thank you. I just

19 want to make sure I understood it correctly, because

20 it seems to have an important part of the

21 protections in the forecast for the University

22 finances.

23 Did I understand you to say that the new

24 medical school, you're now in enough years of it so

25 that you have fully enrolled all the classes for

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1 that.

2 DEAN BECKMAN: Uh-hum.

3 PROFESSOR GOLDNER: Has it met its

4 projections on total enrollment, and those are

5 included in these projections?

6 DR. DAWSON: Yes, in fact.

7 PROFESSOR GOLDNER: That answered my

8 question.

9 MS. BOSSE: Other questions? Yes, Mr.

10 Glenn.

11 MR. GLENN: I hope I can ask this question

12 concisely. What I'm trying to get at is this: Do

13 you have information that suggests that there will

14 be increased public funding for legal services

15 during the next five or ten years with respect to

16 eastern Tennessee?

17 DEAN BECKMAN: Increased public funding, I

18 do not have information that there will be increased

19 public funding, no, sir.

20 MR. GLENN: Would you agree that with

21 respect to a core part of your mission, it is to

22 prepare young lawyers to serve a population that

23 can't afford legal services?

24 DEAN BECKMAN: Yes, it's true. Yes, sir.

25 MR. GLENN: Do you have information that

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1 suggesting that in eastern Tennessee, the rate of

2 retirement of current lawyers is higher than the

3 rest of the state?

4 DEAN BECKMAN: I don't know that I have

5 that information broken down by east or middle or

6 west Tennessee, sir. I'm not sure that I do. I'm

7 not sure that I do, no.

8 MR. GLENN: But you think it's pretty high

9 --

10 DEAN BECKMAN: Yes.

11 MR. GLENN: -- the projected rate of

12 retirement?

13 DEAN BECKMAN: Yes.

14 MR. GLENN: Do you have information

15 showing what the median or median annual income of

16 lawyers is in eastern Tennessee today?

17 DEAN BECKMAN: I don't know if we have

18 that information or not.

19 MR. GLENN: Do you have projections as to

20 what your student educational debt loads are likely

21 to be when they graduate?

22 DEAN BECKMAN: Yeah, I think we do. I

23 think that the debt loan will probably be in the

24 neighborhood of -- obviously, it depends on a lot of

25 different factors -- but between 80 and 100,000

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1 dollars.

2 MR. GLENN: Have you looked at data

3 suggesting that there are certain levels of income

4 necessary to comfortably handle that debt load?

5 DEAN BECKMAN: Yes, but that's somewhat

6 individualized depending on what other debt a

7 student may have, what their cost of living is, what

8 their personal circumstances are.

9 MR. GLENN: I understand that.

10 DEAN BECKMAN: So it's hard -- it's hard

11 to really put that in a box, sir, but, yes. I mean,

12 that's clearly something we're cognizant of.

13 MR. GLENN: Do you have any sense as to

14 how your projected student educational debt loads

15 will compare with the historical and current debt

16 loads of graduates from the University of Tennessee

17 Law School?

18 DEAN BECKMAN: I don't; but the University

19 of Tennessee being a public law school and

20 subsidized by the state that it's -- with regard to

21 in-state tuition, if they have in-state tuition, it

22 would be substantially less. If it's out-of-state

23 tuition, it would be more.

24 MR. GLENN: Thank you.

25 DEAN BECKMAN: Yes, sir.

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1 MS. BOSSE: Other questions?

2 Dean Beckman, Ms. Schrage is very precise.

3 She tells me that you have seven-and-a-half minutes

4 remaining for your closing.

5 DEAN BECKMAN: Thank you. You know, I

6 don't know that I have a lot. One thing I think I

7 ought to do though because I think it's important

8 is, after we submitted all our material, there was a

9 new standard that was passed. And that was the one

10 on the ABA complaint policy -- is it 512, is that

11 right.

12 Because that passed after all of our

13 materials were submitted, we have nothing in the

14 record to show compliance with that standard. We

15 immediately got together and created one. And so if

16 you would permit me, I would like to just tender a

17 copy, if that's acceptable --

18 MS. BOSSE: Certainly.

19 DEAN BECKMAN: -- because this addresses a

20 specific standard.

21 Well, let me just summarize by stating

22 this. I think -- you know, that little act is

23 somewhat indicative of what we do. What we do is we

24 try to look at ourselves and better ourselves.

25 We're a new law school. We're not perfect. We've

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1 probably made more mistakes than we've gotten things

2 right. But what we do is we try to recognize those

3 mistakes and fix those mistakes and come together

4 and work together.

5 We have an incredible team of people. My

6 faculty and my staff, our students, are

7 unbelievable. When we come together, we work

8 together. Now, don't get me wrong, sometimes it's

9 like brothers and sisters; but aside from that, we

10 really do. I mean, we may have -- our tempers may

11 flare, and then we work it out and go have something

12 to eat.

13 We have a phenomenal team, and incredible

14 support from the main institution. I'm am so

15 blessed to have people that will come down. Dr. Hess

16 is our Vice President for Academic Affairs, and if I

17 need him to help with something, he's there and

18 living at the law school. That's huge to us.

19 If we need something, you know, Dr. Dawson

20 has never hesitated to be there when I need

21 something. He was going on a cruise for this

22 fundraising thing. And I needed him and I called

23 him, and he answered his phone. And I said, I'm so

24 sorry to call you. He said, that's all right. I'm

25 standing on the deck of the boat. It's okay.

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1 I mean, the point is that there's never a

2 barrier, there's never something there that keeps us

3 from getting the support we need. And they are so

4 supportive in every respect, at all levels of the

5 institution. I just -- I'm thankful for that. But

6 there's a point, and the point is that if we'd done

7 something wrong, we'll fix it; hopefully, if we've

8 done something right, we'll improve it.

9 And we are always assessing ourselves. I

10 think that's important because we -- we're not --

11 it's what I call the ostrich factor. We don't bury

12 our head in the sand and say, oh, gosh, it'll go

13 away. We meet it head-on. We meet it head-on.

14 And, you know, we've made lots of mistakes, and

15 we've had some hiccups; but in the end, we've taken

16 the steps necessary to correct it. And we work as a

17 team incredibly well and incredibly effective. And

18 in the end, I think that we will be a strong

19 institution. I hope that you find the same.

20 Thank you for your time. Thank you for

21 letting us present again today. I appreciate it.

22 MS. BOSSE: Thank you, Dean.

23 This hearing is closed. We are off the

24 record.

25 (Hearing concluded at 3:20 p.m.)

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1 CERTIFICATE

2

3 I, Valerie R. Allard, do hereby certify that pursuant

4 to the Rules of Civil Procedure, the witness named herein

5 appeared before me at the time and place set forth in the

6 caption herein; that at the said time and place, I

7 in stenotype all testimony adduced and other oral

8 proceedings had in the foregoing matter; and that the

9 foregoing transcript pages constitute a full, true and

10 correct record of such testimony adduced and oral

11 had and of the whole thereof.

12

13 IN WITNESS HEREOF, I have hereunto set my hand this

14 3rd day of October, 2011.

15

16

17

18

19

20 /Signed ____

21 Valerie R. Allard

22

23

24

25

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$

$1.00

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101 12:15

102 5:12

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13 29:13

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140 53:1

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143 60:3

144 37:16

148

58:2058:22

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150

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151 59:1

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2 39:23

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20 66:10

2009 37:11

46:2183:11

2010 28:13

43:1944:1044:1844:2145:1345:2445:2446:146:746:22

2010-11

24:12

2011 5:3

5:1628:2037:1537:2137:2345:845:2146:2358:12

2011-12

24:9

2012 62:17

62:1962:2164:17

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44:444:2166:5

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5 5:13

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60 24:11

65 65:22

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7 83:8

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8

8 46:24

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addition

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n 26:18

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8:24

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81:21

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26:1834:1047:2248:648:1052:178:22

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16:1920:1121:2421:2522:129:932:2433:2247:1647:1866:22

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31:8

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15:11

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7:19

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78:678:8

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47:854:11

aside

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7:15

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23:2073:1373:17

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75:1375:15

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51:454:1154:1255:9

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89:9

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54:1254:1454:2555:255:11

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33:16

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33:1033:1273:19

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7:973:20

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s 31:12

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33:25

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6:16:26:66:76:9 6:106:257:24 8:28:3 8:1711:437:2539:141:341:642:542:1743:1344:144:1444:1744:2044:2545:545:845:2246:446:1046:1246:1647:1956:2057:958:1458:2359:259:559:1459:2060:560:1663:7

63:965:2371:2272:2476:1676:2077:1677:1978:10

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n 48:2

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23:2527:1127:2036:17

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42:8

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40:10

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11:21

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37:7

attorney

19:18

attract

51:23

audio

13:21

audit

27:23

authorized

35:1035:1335:21

available

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average

33:8

aware

61:14

away 15:22

78:1889:13

B

background

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backup

53:11

backwards

70:3

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72:23

Bar 40:5

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63:2064:664:1082:2383:283:15

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89:2

based

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basically

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basis

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20:821:1622:2523:1423:1724:224:424:2227:1632:534:2237:237:537:2138:1238:2347:650:1150:1652:552:2052:2453:1054:755:2156:256:656:856:1861:2262:1863:263:863:1264:764:1364:1865:265:765:1065:12

66:2067:967:1467:1968:1668:2068:2469:2270:371:2579:179:980:580:2281:581:981:1281:2081:2582:882:1283:684:284:1784:2485:485:1085:1385:1785:2286:586:1086:1886:2587:287:587:19

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become

12:1317:4

18:1518:1562:2571:18

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49:3

begin 10:1

17:1478:24

beginning

9:2224:845:2549:1855:7

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39:239:3

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32:13

belief

17:22

believe

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believes

68:10

benefit

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best 38:24

81:22

better

9:2217:1129:840:148:1350:561:2287:24

beyond 9:3

77:4

biggest

30:17

bit

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Black

47:24

blank 26:9

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25:1888:15

blood

14:24

board 7:13

14:718:1937:1283:783:10

boards

14:614:10

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Bob 8:8

body

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bono 17:22

62:22

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Book 75:18

books

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70:1870:2070:2171:574:2475:275:7

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bottom

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box 57:9

86:11

Bridge

39:639:11

briefly

76:5

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11:22

31:9

broader

19:5

broadly

19:3

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85:5

brothers

88:9

brought

11:2312:612:856:21

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budget

18:2423:323:323:1923:2023:2324:727:527:528:1328:2031:1732:6

budgeted

23:1

budgets

27:4

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7:14

build

14:2574:4

79:1579:2079:23

building

11:2511:2512:1114:576:1776:1879:1181:1581:1581:2382:382:882:12

build-up

24:21

built 12:1

78:2078:2379:279:379:781:781:18

Burley

9:21

bury 89:11

business

66:1866:24

buy 75:4

buying

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BYU's

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36:17

C

camera

13:22

Camille

7:23

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candidates

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captured

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captures

13:2213:2314:10

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21:1121:1222:2022:2423:823:21

case 15:12

25:755:269:475:1678:1383:3

cases

15:15

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24:824:1026:12

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55:6

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74:23

category

24:1

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39:8

Catholic

6:17

Cathy 7:11

caveat

49:6

census

29:21

certain

16:921:1786:3

certainly

9:4 32:735:535:2536:1047:1967:2287:18

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71:12

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15:22

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32:2234:1

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33:12

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47:847:14

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g 32:16

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8:12

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25:2235:1139:2160:19

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24:25

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stics

11:14

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66:1266:21

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8:11

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56:21

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26:10

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36:465:14

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children

10:17

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66:9

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church

20:24

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12:453:6

circling

80:20

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ces 86:8

Civil 12:3

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46:14

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68:1579:279:10

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7:6 7:6

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12:1512:2513:313:413:679:1579:1779:1880:1080:1581:181:7

classrooms

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Clayton

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6:3 34:7

clear 21:8

clearly

70:2577:1086:12

clerk

22:1422:17

clerked

53:23

clerkships

22:9

clients

21:6

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31:21

clinic

67:1268:1

clinics

67:2367:25

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28:1659:12

closed

27:2027:2289:23

closely

49:19

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43:7

closing

9:1

9:9 87:4

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curricul

ar

68:769:14

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69:3

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30:22

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e

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ive

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5:18

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61:19

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33:24

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62:12

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e

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69:9

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57:19

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ive

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31:2052:2255:1776:8

concisely

84:12

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89:25

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82:16

conclusion

10:15

conclusion

s 60:12

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60:18

conduct

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27:10

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65:1465:1665:16

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46:17

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33:3

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ly 50:4

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50:1

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ion

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74:17

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18:136:2

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costs 33:6

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15:11

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courses

39:1541:1260:2174:1474:1774:2175:19

court 15:7

15:715:815:1422:1522:17

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36:568:868:2483:183:283:8

courtroom

10:712:1914:2314:2515:715:1979:25

courts

66:2366:23

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47:16

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71:17

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69:1087:15

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s

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68:1869:769:9

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49:13

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88:21

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D

data 42:24

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database

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date 62:17

64:1169:2583:10

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6:126:1224:2326:226:726:834:384:688:19

day 11:1

15:815:815:1720:1752:11

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7:23

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17:117:817:917:1317:1417:1917:2018:418:518:1019:2320:821:521:1622:2022:2523:1123:1423:1623:1723:1824:224:324:424:524:2226:927:327:1627:1828:128:528:828:2129:229:1229:1729:2430:631:1632:5

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45:2246:246:446:646:1046:1146:1246:1446:1646:1847:647:1147:1747:1950:950:1150:1350:1652:552:1552:2052:2152:2453:553:1054:554:755:1555:2155:2256:256:356:656:756:856:1056:1856:2057:757:958:2

58:1458:1658:2358:2559:259:359:559:759:1459:1659:2059:2160:560:660:1661:1661:2262:1562:1862:2063:263:763:863:963:1264:264:764:864:1364:1464:1864:2065:265:365:765:865:1065:1165:1265:2366:15

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81:581:681:981:1181:1281:1981:2081:2381:2582:182:882:1182:1282:1682:2082:2182:2283:683:684:284:1784:2485:485:1085:1385:1785:2286:586:1086:1886:2587:287:587:1989:22

death

15:1270:4

debt 85:20

85:2386:4

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86:686:1486:15

December

5:16

decide

10:1717:1166:1176:1

decided

13:10

decision

75:10

decisions

35:561:561:13

deck 88:25

default

31:2031:2131:2432:434:7

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24:23

deficienci

es 40:16

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51:651:7

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31:2231:2334:12

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c 39:7

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71:15

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al

55:155:10

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41:2379:1886:6

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41:785:24

Deputy

7:16

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14:2014:24

designed

13:1414:438:20

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76:976:2276:2376:2477:10

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22:337:2338:24

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37:22

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5:1042:2451:1354:955:1155:1470:8

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6:21

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19:1948:352:174:974:13

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47:1365:965:15

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36:838:1938:2042:18

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14:1014:10

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73:2074:18

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31:1734:11

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6:77:118:1821:1021:1222:2223:823:1023:12

23:1323:1523:1638:1540:1341:2143:255:260:2165:4

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35:435:735:1035:21

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41:1767:2467:25

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20:1121:1367:17

discussion

s 35:9

dismissed

38:1143:2043:2444:444:945:2546:756:1757:557:1057:12

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disqualifi

ed 43:21

45:1546:9

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50:7

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8:25

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15:8

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66:25

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31:23

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41:17

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86:1

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17:718:925:1134:536:238:19

41:948:850:1850:2151:351:1260:1261:2262:1363:263:463:2367:773:178:1578:2580:1489:689:8

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32:2

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64:2265:1965:24

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8:10

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51:12

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79:14

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d 69:5

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36:8

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48:9

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40:23

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63:14

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83:25

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24:1684:4

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38:16

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66:1283:3

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expenses

27:1529:429:629:929:1030:1230:1230:1531:7

experience

13:117:2524:2435:550:2353:853:1955:1755:2455:25

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experience

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ng 33:25

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expressed

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77:4

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y 74:8

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feelings

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time

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16:1986:489:16

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e 60:19

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neighborho

od 85:24

neighbors

20:24

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10:5

night 11:3

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nine 46:21

nominal

82:3

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49:6

non-

approved

49:8

non-

diverse

50:22

Norberg

7:167:16

normal

66:1766:24

normally

55:19

note

28:928:1234:1537:1138:865:17

notes

75:1676:19

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26:468:2268:2487:13

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75:8

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object

11:11

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64:2567:7

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83:13

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16:1016:22

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78:15

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ly 71:23

o'clock

67:1

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44:3

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22:16

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5:24

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72:773:1579:780:1680:17

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56:8

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82:23

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17:2019:2325:2327:1829:1230:631:1636:2341:442:142:743:1744:1644:2445:445:1246:1146:1452:1552:2153:554:556:1057:758:1658:2559:359:759:16

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open 50:25

50:2573:11

opened

39:5

opening

9:1 9:8

operating

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opportunit

ies

11:1619:1121:1422:322:422:522:622:1949:2267:6

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y

22:1439:961:165:1965:2566:375:9

optimistic

30:16

opting-

in

49:749:8

option

77:15

options

64:1

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80:1780:2483:1

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on 18:24

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ons

21:23

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17:718:624:7

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12:1

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89:11

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22:174:9

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36:1866:18

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72:1987:7

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5:1987:2487:2489:9

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20:2

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14:12

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75:16

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state

86:22

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66:2477:21

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60:19

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47:14

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p.m 5:4

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75:18

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ly 32:15

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11:712:2315:1517:2419:119:419:2120:1721:221:2226:1733:2070:488:588:15

percent

19:1728:1429:329:1430:130:10

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percentile

37:1637:2037:2457:257:12

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83:183:14

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55:19

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44:844:1144:22

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25:6

88:13

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20:2351:188:23

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78:16

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11:2413:213:4

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11:23

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76:2278:19

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80:11

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s 31:11

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66:13

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33:19

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55:455:555:6

portfolios

55:355:9

position

12:2019:525:1725:2173:273:373:473:873:11

positions

33:21

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63:14

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graduati

on 22:16

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y 39:20

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19:13

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53:24

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10:11

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21:1

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19:24

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s 8:22

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production

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75:6

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al 7:7

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als

32:1772:18

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s 78:5

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53:12

respond

18:1020:826:832:1038:24

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40:20

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lity

34:673:6

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ness

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61:15

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61:3

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rooms 14:1

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roughly

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Russell

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88:18

schools

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17:1718:221:1121:1222:2023:2126:2069:2070:1

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15:950:5

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87:3

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31:10

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10:2022:13

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10:1

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21:1452:11

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8:18

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20:5

shortly

78:4

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23:2229:2531:2344:371:23

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88:9

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10:2241:1365:1270:1470:1670:1874:380:12

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31:11

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36:1843:21

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49:6

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30:19

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76:9

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76:18

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squares

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stable

29:2130:24

staff

7:67:8 7:117:15

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staffing

22:2122:2322:23

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5:1269:1087:987:1487:20

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79:5

statements

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64:1567:11

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36:17

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11:15

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story 10:1

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67:1667:2468:368:5

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81:20

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8:1211:813:622:14

31:2332:1832:2134:2138:838:1038:1340:2241:742:242:342:742:1542:2143:1143:1444:844:1244:1444:2146:2050:1951:251:2353:454:2155:459:859:1861:664:566:1769:2070:2473:473:775:1475:1476:1177:1378:21

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students

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34:234:734:1136:638:738:2039:439:739:1339:1639:1739:1939:2439:2540:140:1040:1841:141:1641:2242:942:943:543:1943:2244:444:545:145:245:1045:2446:846:947:148:2248:2549:749:1550:350:2050:21

50:2250:2351:2152:354:1654:1755:356:1557:157:557:1057:1158:958:1060:2362:2463:1463:2564:1164:1864:2164:2365:1965:2466:166:266:766:1066:1967:568:1268:2268:2570:1370:1571:673:1774:1875:475:575:8

75:1275:2176:2577:177:877:2077:2277:2382:2283:1288:6

subjective

54:16

submitted

11:1987:887:13

subsequent

37:13

subsidized

86:20

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l 51:9

substantia

lly 33:7

86:22

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61:9

success

33:2538:1638:1739:239:1439:1539:2340:340:540:9

40:1341:2143:243:349:1250:1855:1956:156:2256:2457:1557:1657:1857:2257:2460:2061:1461:1862:1

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27:135:141:1547:1554:961:763:15

successful

ly 26:11

45:17

successive

40:2

sufficient

66:13

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85:1

86:3

suggestion

s 61:20

suggests

84:13

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87:21

summer

66:481:9

supervisio

n

19:1873:21

supplement

ed

27:727:9

support

24:1724:2025:225:425:626:126:426:1126:2538:1540:1253:653:958:161:2588:1489:3

supported

34:2036:9

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supportive

89:4

Supreme

15:615:1122:1522:1736:582:2583:283:8

sure

13:416:1216:2023:1924:524:2234:2237:237:237:438:238:2344:1946:1547:650:1350:1353:1055:1655:2156:1258:1369:2272:1477:1680:880:1480:19

83:1985:685:7

surplus

27:2

survey

54:1770:4

surveying

75:12

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54:1670:570:770:770:1475:2076:2

Susan 9:21

suspect

66:9

sweat

14:24

Syd 5:20

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cally

23:6

System

8:13

systems

33:21

T

table

13:1474:17

taking

33:346:1949:156:1475:1982:23

talk 11:17

14:1814:1924:1427:438:1841:1468:469:1870:1570:1979:1680:1380:13

talked

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17:221:522:2240:2350:150:258:1163:1071:4

talks

18:20

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target

28:17

29:529:729:2347:2249:2

targeted

42:1949:13

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74:22

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teachers

33:22

team

9:199:209:219:2211:2053:1268:1372:1773:188:588:1389:17

Team's

27:6

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14:24

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cally

80:1

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es 72:4

technology

12:1615:4

79:1579:1779:2580:580:12

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88:10

temporary

62:21

ten 9:9

26:1326:1484:15

tender

87:16

tenfold

10:22

Tennessee

12:215:618:718:1819:419:1519:2520:520:2122:1522:1762:378:1583:383:783:883:1083:1584:1685:185:6

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85:1686:1686:19

Terence

6:1

term

19:240:242:648:1355:8

terms

17:1524:1524:1627:1127:1430:1134:1847:349:449:1249:1964:1467:1669:1969:2478:2078:2281:1

Terrance

37:22

Texas

7:4 10:310:1310:1467:2

thank

9:7 9:12

9:1415:2315:2316:127:382:1883:1886:2487:589:2089:2089:22

thankful

89:5

that's 9:9

13:213:1013:2514:1915:918:419:2020:1522:1123:224:424:1225:628:2130:330:731:1235:1235:1236:639:1143:443:2448:648:751:12

51:1551:2253:1453:1754:754:754:1854:2555:1056:256:657:757:2458:458:1759:1962:1864:1364:1864:1965:266:2067:1467:1667:2268:1369:1169:1669:2371:776:1577:1879:1279:1680:1180:1581:1281:2086:586:1287:17

88:1888:2489:10

Thereafter

40:141:19

Therefore

11:21

there'll

16:13

there's

13:2017:1119:2120:1421:121:2521:2522:2223:1223:1526:426:1935:1540:547:247:454:2358:2563:2269:1181:1589:189:289:6

they'll

16:870:20

they're

12:2414:415:942:2561:661:1263:1970:1671:571:571:777:23

they've

9:1819:1638:2169:13

think's

54:8

thorough

16:24

thoughts

47:567:1767:20

thousand

82:1382:14

three-

thousand

-and-

change

82:15

throughout

9:1412:1863:1876:18

throw

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80:1781:2

Thursday

5:362:12

tie 14:11

tiered

13:3

timekeeper

9:5

timelines

62:7

titles

75:375:2475:25

today 9:13

10:2226:362:965:1385:1689:21

Tom 8:21

tools 64:1

top

66:2179:12

topic 38:6

total

45:1384:4

totally

78:12

toward

57:24

towards

52:18

track

33:16

tracking

33:260:11

tracks

22:2

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71:16

training

71:17

trainings

71:24

transcript

62:11

transcript

s 62:11

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9:2025:1926:1934:971:2

trial 10:3

10:1210:1368:875:1

tried 13:9

14:20

tries 60:7

triggered

38:22

true

24:435:656:256:659:664:1365:284:24

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10:1511:1930:1432:133:947:747:1356:1860:1464:167:470:873:1374:975:2387:2488:2

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28:1529:1436:14

36:2036:2086:2186:2186:23

turn 26:1

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13:16

turning-

point

42:22

tutoring

40:1741:20

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twenty

46:21

types 16:5

49:19

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29:1682:1184:2

ultimate

70:11

ultimately

14:2519:9

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28:1

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le

26:488:7

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d 33:14

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17:2122:2123:2037:540:2262:1576:878:183:2386:9

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ing

28:1875:18

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83:19

Union

10:16

unique

25:16

universiti

es 47:25

48:2

University

5:2 5:115:22 6:56:136:176:206:23 7:27:4 7:198:108:138:1524:1724:1824:19

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25:225:1627:2528:2230:231:2532:2235:749:1878:1483:2186:1686:18

University

's

27:527:1228:1132:633:13

University

-wide

34:14

unless

65:13

unmentione

d 52:4

unmet

17:2318:2019:719:14

unquestion

ably

70:13

unsuccessf

ul 83:13

unwielding

25:3

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11:21

upon 11:18

32:21

upward

31:21

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31:6

utilized

50:1951:4

utilizing

60:21

V

variables

57:13

varied

21:17

various

14:1

versus

51:10

Veryl 6:16

Vice

5:215:24 6:48:1115:2416:116:1316:2117:117:917:1417:20

18:519:2321:522:2023:1123:1623:1824:324:527:327:1828:128:528:828:2129:229:1229:1729:2430:631:1634:1336:2337:337:938:238:1340:1941:442:142:743:1043:1744:1144:1644:1944:2445:445:645:1246:2

46:646:1146:1446:1850:950:1352:1552:2153:554:555:1555:2256:356:756:1057:758:258:1658:2559:359:759:1659:2160:661:1662:1562:2064:264:864:1464:2065:365:865:1166:1567:367:1067:1568:668:1968:23

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rences

63:10

view 11:17

20:1330:16

virtual

76:23

virtually

76:2477:6

visible

77:23

visit

48:2148:2248:24

vividly

10:8

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voir 11:12

volumes

16:18

voluntary

39:24

W

walk

62:878:1678:17

walked

10:6

Walker

53:1553:2055:2257:17

walks 21:2

walls

70:1876:8

War 12:3

Washington

6:23 7:28:7

wasn't

48:7

watch 13:1

14:15

wave 38:6

waver 26:6

ways

23:526:1726:23

54:15

we'd 89:6

week 20:22

39:639:1139:11

weeks 11:1

19:120:22

welcome

5:7 6:14

we'll 5:18

6:1422:1055:1489:789:8

well-

establis

hed

22:11

we're 15:4

15:1915:2119:822:1022:1223:125:926:1326:1829:833:335:2236:736:736:1836:1937:6

46:2548:649:1055:1155:1260:1763:1263:2163:2363:2570:570:2170:2270:2571:1073:674:275:175:676:176:2580:980:1681:1081:2182:986:1287:2587:2589:10

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7:4

west

75:175:275:275:585:6

Western

8:1

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78:278:4

we've

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whatever

13:2514:1325:454:2380:24

whenever

38:5

wherever

13:17

whether

14:1222:722:842:2554:954:1155:1155:1456:1361:675:7

White

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7:37:4 8:148:1482:2082:2283:6

whom 44:5

who's

55:2461:17

window

78:7

wonder

12:24

wondered

10:711:2

wonderful

9:1815:1749:17

wondering

16:2229:431:2537:1647:1

work 12:13

18:1719:1223:625:1225:1549:1851:1264:2466:1767:868:2

72:972:1973:1882:2583:688:488:788:1189:16

worked

25:1125:1457:2475:23

workforce

34:10

working

19:823:823:1027:842:1047:1252:1863:1664:1083:2

workload

43:16

works

53:1663:1176:181:13

world 17:6

18:23

world's

24:25

wrap-up

53:6

writing

40:1440:1640:1641:2053:2255:555:555:1055:24

written

11:18

wrong 12:6

88:889:7

Y

yet

22:1232:364:578:3

yield 47:3

47:15

York 7:13

you'll

30:1978:10

young 10:4

48:550:2455:1284:22

yourselves

5:18

you've

20:11

25:1025:1127:727:827:2030:1340:1942:1560:1161:1962:1664:1082:7

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AMERICAN BAR ASSOCIATION COUNCIL MEETING

FRIDAY, DECEMBER 2, 2011

RECOMMENDATION REGARDING APPLICATION FOR PROVISIONAL ABA APPROVAL LINCOLN MEMORIAL UNIVERSITY

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Lincoln Memorial University December 2, 2011 NRC File # 9278-49 Page 2

1 BEFORE:

2

3 CHAIR: Dean John O'Brien

4 VICE-CHAIR: Kent Syverud

5 MEMBERS: Jane Aiken

6 Honorable Rebecca White Berch

7 Diane F. Bosse, Esq.

8 General Leo A. Brooks

9 Paulette Brown

10 Edwin J. Butterfoss

11 Michael J. Davis

12 Honorable Christine M. Durham

13 Tracy Allen Giles, Esq.

14 Chuck Goldner

15 Joan S. Howland

16 Dennis O. Lynch

17 Honorable Ruth V. McGregor

18 Gregory G. Murphy

19 Honorable Solomon Oliver, Jr.

20 Maureen O'Rourke

21 Raymond C. Pierce

22 Erika Robinson

23 Pauline A. Schneider, Esq.

24 Edward N. Tucker

25 Honorable Charles R. Wilson

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Lincoln Memorial University December 2, 2011 NRC File # 9278-49 Page 3

1 ASSOCIATE

2 GENERAL COUNSEL: Stephanie Giggets, Esq.

3 CONSULTANT: Hulett H. Askew

4 ASSISTANT CONSULTANT: Scott Norberg

5 EXECUTIVE ASSISTANT: Cathy A. Schrage

6

7

8 LINCOLN MEMORIAL UNIVERSITY REPRESENTATIVES

9 APPEARING:

10 Dean Sydney Beckman

11 Dr. James Dawson

12 Dr. Clayton Hess

13 Associate Dean Gordon Russell

14 Associate dean April Meldrum

15 Associate Dean Terence Cook

16 Professor Jonathan Marcantel

17 Professor Melanie Reid

18

19

20

21

22

23

24

25

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Lincoln Memorial University December 2, 2011 NRC File # 9278-49 Page 4

1

2

3

4

5

6

7 AMERICAN BAR ASSOCIATION

8 COUNCIL MEETING

9 FRIDAY, DECEMBER 2, 2011

10

11

12 TRANSCRIPT OF PROCEEDINGS of the American

13 Bar Association Council Meeting held at the Ritz-

14 Carlton San Juan, 6961 Avenue of the Governors, Isla

15 Verda, Carolina, Puerto Rico, before Valerie Allard,

16 a Certified Court Reporter.

17

18

19

20

21

22

23

24

25

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Lincoln Memorial University December 2, 2011 NRC File # 9278-49 Page 5

1 AMERICAN BAR ASSOCIATION

2 COUNCIL MEETING

3 FRIDAY, DECEMBER 2, 2011

4 11:15 A.M.

5

6 DEAN O'BRIEN: If I could begin by

7 apologizing to you and your colleagues for being

8 late. We didn't anticipate the length of the

9 meeting. You're handing out some material. Is this

10 material that we've been previously given?

11 DEAN BECKMAN: Yes; Chairman O'Brien,

12 what's being handed out are two separate documents.

13 Document one is a copy of the brief that was

14 submitted electronically to each member through Mr.

15 Askew. The second documents are color copies of

16 photographs that were presented into evidence at the

17 Committee Hearing in large form. Those were also

18 tendered through Mr. Askew electronically and those

19 are copies of those.

20 DEAN O'BRIEN: I appreciate that. And so I

21 was trying to determine if there was new information

22 in the packet?

23 DEAN BECKMAN: There's not, sir.

24 DEAN O'BRIEN: I appreciate it.

25 As you know, this is a hearing to consider

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Lincoln Memorial University December 2, 2011 NRC File # 9278-49 Page 6

1 the application of the Duncan School of Law at

2 Lincoln Memorial University Provisional Approval.

3 The Accreditation Committee considered this matter

4 at its September meeting and have recommended that

5 the Council not grant approval.

6 Dean, if you would begin by introducing

7 yourself and your colleagues and then we'll go

8 around and do the same thing before we get started.

9 DEAN BECKMAN: Sure, I'd be happy to.

10 Members of the Council, to my far right is

11 Dr. Clayton Hess. He is Lincoln Memorial

12 University's Vice President for Academic Affairs; to

13 his immediate left and my right is Dr. Jim Dawson.

14 He's the President of Lincoln Memorial University.

15 I'm Syd Beckman. I'm the Dean of the Duncan School

16 of Law. To my left is Jonathan Marcantel,

17 Professor, who's been involved with us since with

18 very beginning; to his left my Associate Dean for

19 Academics, April Meldrum; to her left, Terence Cook,

20 who is our Director of Admissions; and Professor

21 Melanie Reid, a professor at Duncan School of Law.

22 DEAN O'BRIEN: Welcome one and all. Chief

23 Justice?

24 CHIEF JUSTICE BERCH: I'm Rebecca Berch,

25 Chief Justice of the Arizona Supreme Court.

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Lincoln Memorial University December 2, 2011 NRC File # 9278-49 Page 7

1 ASSOCIATE DEAN BUTTERFOSS: I'm Ed

2 Butterfoss. I'm on the faculty at Hamlin University

3 School of Law.

4 THE HONORABLE WILSON: I'm Charles Wilson.

5 I'm a judge on the United States Court of Appeals

6 for the 11th Circuit.

7 ASSOCIATE DEAN HOWLAND: Joan Howland; I'm

8 on the faculty of the University of Minnesota Law

9 School.

10 THE HONORABLE OLIVER: I'm Solomon Oliver,

11 Chief Judge of the United States District Court in

12 the Northern District of Ohio.

13 MS. ROBINSON: Erika Robinson, Law Student

14 Division Representative, University of South

15 Carolina.

16 MS. BROWN: Paulette Brown, private

17 practice, representative to the Council, in Madison,

18 New Jersey.

19 THE HONORABLE MCGREGOR: Ruth McGregor,

20 retired, House of Delegates, Phoenix, Arizona.

21 PROFESSOR DAVIS: Mike Davis, law faculty

22 member of the University of Kansas.

23 MR. MURPHY: Greg Murphy; I'm a practicing

24 lawyer.

25 MS. SCHRAGE: Cathy Schrage, ABA staff.

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Lincoln Memorial University December 2, 2011 NRC File # 9278-49 Page 8

1 MR. GOLDNER: Chuck Goldner; I'm Vice

2 Chair of the Accreditation Committee.

3 MS. BOSSE: Chair of the Accreditation

4 Committee.

5 DEAN O'BRIEN: John O'Brien, Chair of the

6 Council, Dean at New England Law/Boston.

7 MR. ASKEW: Bucky Askew, ABA staff.

8 DEAN SYVERUD: Kent Syverud, Vice Chair of

9 the Council and Dean at Washington University School

10 of Law, Saint Louis.

11 MR. NORBERG: Scott Norberg, ABA staff.

12 MS. GIGGETS: Stephanie Giggets, Associate

13 General Counsel at the ABA.

14 MR. TUCKER: Ed Tucker; I'm a public

15 member. I'm an accountant from Baltimore.

16 MR. BROOKS: I'm Leo Brooks and I'm a

17 public member.

18 THE HONORABLE DURHAM: Christine Durham,

19 the Chief Justice in the state of Utah and past

20 Chair of the Council.

21 PROFESSOR AIKEN: Jane Aiken, Georgetown

22 Law School.

23 MS. SCHNEIDER: Pauline Schneider, private

24 practice, near Washington, DC, and Section Delegate

25 to the House.

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1 DEAN PIERCE: Raymond Pierce, Dean of the

2 law school at North Carolina Central.

3 DEAN LYNCH: Dennis Lynch, Dean at the

4 University of Miami Law School.

5 MR. GILES: Tracy Giles, in private

6 practice in Virginia.

7 DEAN O'ROURKE: Maureen O'Rourke, Dean at

8 Boston University.

9 MR. BAMBRINK: Carl Bambrink, ABA staff.

10 DEAN O'BRIEN: We should mention also at

11 the start that the acoustics in here are quite poor;

12 so when you're speaking, if you would all just keep

13 that in mind and help us out by speaking up.

14 Dean, I believe the staff has informed you

15 that you are allotted 15 minutes between closing and

16 opening, and you can allocate that in any way you

17 wish. Ms. Schrage is our timekeeper and you're

18 welcome to begin.

19 DEAN BECKMAN: I'll reserve any remaining

20 time for the end, and Dr. Dawson will begin our

21 comments.

22 DR. DAWSON: Thank you. Lincoln Memorial

23 University was established in 1897 as a living

24 memorial to Abraham Lincoln. It has a distinguished

25 history of providing education, including graduate

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1 and professional programs, to one of the most

2 disadvantaged socioeconomic populations in America,

3 Southern Appalachia.

4 We are proud of our worthy mission and the

5 ability we have demonstrated to deliver this quality

6 experience while ensuring fiscal stability. Our

7 budget surpluses are documented in the audit reports

8 provided for you. The University's graduate and

9 professional students consistently score in the top

10 core title of their peers on board examinations in

11 their respective fields.

12 As President, I insist that our

13 professional schools are successful because we plan

14 them meticulously and provide for them the financial

15 support necessary to achieve their goals. LMU and

16 the law school are -- in the words of the ABA Site

17 Team -- "At the forefront of outcome based and

18 assessment driven legal education using methods of

19 evaluation that, in the near future, will likely

20 become an integral part of ABA standards."

21 As President, I can unequivocally assure

22 you that the Duncan School of Law is, and will

23 forever be, operated with the academic rigor and

24 financial support required to meet and exceed the

25 highest standards. These facts have been verified

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1 by the Southern Associations of Schools Commission

2 on Colleges, the Tennessee Board of Law Examiners,

3 not to mention your own Site evaluation team.

4 DEAN BECKMAN: Mr. Chairman and Members of

5 the Council, I hereby tender Exhibits 1 through 18

6 for the record. They're down here with the court

7 reporter. They were all previously provided to the

8 ABA, all former documents.

9 From the moment that LMU considered

10 opening a law school to serve the people of

11 Appalachia, every decision has been focused on

12 two things: Ensuring a quality legal education by

13 exceeding compliance with ABA standards, and serving

14 our institutional mission.

15 The Accreditation Committee's

16 recommendation against provisional approval is

17 premised on four conclusions in their corresponding

18 findings of fact. Those conclusions in the

19 corresponding findings of fact, however, lack

20 factual support in the record and are inconsistent

21 with findings by experienced Site teams from both

22 the ABA and the Southern Association of Colleges and

23 Schools, thus the conclusions and their supporting

24 findings of fact are not entitled to deference.

25 Furthermore, an objective review of the

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1 record indicates the law school has proven that it

2 is in substantial compliance with each of the

3 standards with a reliable plan for bringing the

4 school into full compliance within three years.

5 As to Conclusion A, the Committee found we

6 are not in compliance with Standard 203, related to

7 strategic planning and assessment. This conclusion

8 is premised on six factual findings encompassing two

9 primary areas of concern. First, the Committee

10 found that we did not review the feasibility study,

11 and, second, they found that we have not addressed

12 diminished LSAT takers and decreased enrollment

13 projections in our strategic planning.

14 As to the first finding, the phrase

15 "feasibility study" does not exist in Standard 203;

16 rather the phrase only exists in Rule and Procedure

17 4B, thus requirements regarding feasibility studies

18 must exist, if at all, in Rule 4B. The rule

19 requires that a school produce one feasibility

20 study. That requirement is consistent with the

21 purpose of a feasibility study -- to ensure that an

22 institution has considered all factors pertinent to

23 its consideration of opening a law school. These

24 are found in Exhibits 10 and 11. This evidence is

25 sufficient to demonstrate the school's compliance

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1 with Rule 4B.

2 In terms of the second factual finding

3 that the school failed to sufficiently demonstrate a

4 strategic planning process because we did not

5 account for reduced LSAT takers and thus reduced

6 admissions. The findings, even if true, are

7 irrelevant to whether we comply with Rule 203.

8 Furthermore -- however the findings are not

9 supported by the record.

10 First, the Committee's conclusion is

11 inconsistent with the two findings of two other

12 accrediting bodies, one of which is recognized the

13 U.S. Department of Education; second, the conclusion

14 is inconsistent with the findings of ABA Site Team

15 which found the DSOL has, "Regularly identified

16 specific goals for improving itself, identified the

17 means to achieve these goals, assesses the success

18 in realizing these goals by assessing its activities

19 daily, weekly, monthly, and annually, and uses this

20 information to re-examine and revise its means and

21 goals," and further found, "a culture of assessment

22 at every level -- indeed, every aspect of the law

23 school operation."

24 Furthermore, our burden to demonstrate

25 compliance with 203 is not as broad as the Committee

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1 suggests; that is, the Committee believes the DSOL

2 was charged with assessing the number of LSAT

3 takers, presumably repeatedly, to demonstrate an

4 effective strategic planning process. No such

5 requirement exists either explicitly or implicitly

6 within the language of the Standard; rather, the

7 Standard requires that the school demonstrate it

8 identifies established goals, identifies means to

9 achieve those goals, and periodically assesses and

10 evaluates those goals. We have met this burden.

11 We have completed two strategic plans.

12 Evidence of our strategic planning can be found in

13 Exhibit 3 at Tab 73 and Exhibit 9, Tab 35. Each of

14 our strategic plans delineates specific goals, means

15 to achieve those goals, an assessment of the goals,

16 and a process for remediating unrealized goals.

17 More specifically, each strategic plan includes

18 goals related to admissions and marketing to

19 increase the school's admission profile.

20 Furthermore, in addition to the strategic

21 plans themselves, we have presented evidence that

22 proves we have continued to assess enrollment

23 figures in our strategic planning process --

24 specifically referring to the budget in Exhibit 9,

25 Tabs 7 and 8. The evidence indicates that LMU and

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1 DSOL have continued to adjust the law school's

2 enrollment and revenue projections in a timely and

3 effective manner; thus, even assuming Standard 203

4 requires us to prove we have addressed decreased

5 enrollment and admissions in our strategic planning

6 process, we have introduced sufficient evidence to

7 demonstrate that we have complied with the Standard.

8 As to Conclusion B, the Committee

9 concluded that we do not comply with Standard 303 or

10 Interpretation 303-3 based on the findings that the

11 director of academic success lacks experience, the

12 entrance credentials of entering cohorts have

13 declined, and the Academic Standards Committee

14 permitted the readmission of six previously

15 disqualified students.

16 The first finding implies that the

17 director of academic success is unqualified because

18 he lacks experience as a director. While he lacks

19 experience as a director, the record is replete with

20 evidence that he is qualified, including clerking

21 for a judge, four years of teaching, a juris doctor,

22 and a master of library science.

23 Interpretation 303 requires that a school

24 possess sufficient academic support services to

25 provide each student an opportunity to succeed. The

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1 inquiry is whether the school provides necessary

2 services. In that regard, we have introduced

3 sufficient evidence into the record to demonstrate

4 the ASP program is extensive in its breadth, focused

5 on individual students, and tied to doctrinal

6 courses to ensure maximum efficacy.

7 For instance, as reflected in Exhibit 1,

8 Tab 7, the school provides mandatory ASP components

9 for all students, including a prematriculation

10 Bridge Week and a three-hour per week ASP class in

11 their first semester. Students thereafter are

12 required to participate in formal ASP courses free

13 of charge, if their grades identify them as at-risk.

14 Academic tutoring and counseling are also

15 individually offered to any student at any time.

16 As to the second finding, that the

17 entrance credentials of entering cohorts has

18 declined; as noted in the brief, that finding is

19 inaccurate. However, even if accepted without more,

20 that evidence is irrelevant to whether we comply

21 with Standard 303. Standard 303 says nothing about

22 entrance credentials; to the contrary, the Standard

23 addresses what a school must do to support students

24 once they're admitted, thus, the Committee's

25 reliance on entrance credentials as a means of

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1 supporting Conclusion B is without merit. In that

2 regard, as stated a moment ago, we have a formal,

3 comprehensive tailored ASP program.

4 Furthermore, we have a aggressive academic

5 standards and attrition policies. Specifically, the

6 evidence in Exhibit 1 at Tab 7, indicates that DSOL

7 reviews each student's performance each semester to

8 determine whether each student is performing in

9 accordance with our academic standards.

10 In the event a student's cumulative GPA

11 declines below 1.25, the student is automatically

12 withdrawn. In the event the student's cumulative

13 GPA is above a 1.25 but below a 2.0, the student is

14 placed on academic probation. These standards,

15 combined with our strong mandatory curve, are

16 sufficient to demonstrate the law school does not

17 inculcate false hope or continue the enrollment of

18 students who are not capable of succeeding.

19 As to the final finding under Conclusion

20 B, that we have admitted six previously disqualified

21 students. The factual finding does not support the

22 Committee's conclusion, that is, the mere fact that

23 the DSOL has readmitted six students does not,

24 without more, provide any basis for assessing

25 whether the DSOL has sound academic standards or

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1 continues the enrollment of students who are

2 incapable of successfully completing the academic

3 program; rather, the analysis should be whether the

4 school has appropriate readmission policies and

5 applied those policies.

6 In that regard, our readmission policies

7 are consistent with the readmission policies of

8 other ABA accredited schools. Specifically,

9 determinations are made by the Academic Standards

10 Committee, a committee composed of faculty members.

11 To readmit a student the Committee must find, one,

12 extraordinary circumstances contributed to the

13 student's inability to meet the academic

14 requirements of the school.

15 Two, the student's failure to meet the

16 standards for continuing his or her studies does not

17 indicate a lack of capacity to complete the program

18 of study and, in fact, the student possesses that

19 capacity.

20 And, three, the circumstance resulting in

21 a student's disqualification have been remedied or

22 no longer exist. In each of the six readmission's

23 cases, the Academic Standards Committee made

24 positive specific findings of fact for each student

25 regarding each of those criteria.

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1 As to Conclusion C, the Committee found

2 the school does not comply with Standard 501,

3 asserting it does not maintain sound admissions

4 policies. However, this conclusion is based

5 exclusively upon the academic credentials and

6 standardized test scores of matriculants and the

7 purported relationship between LSAT scores and

8 academically dismissed students.

9 The Committee's criticism implies that we

10 should not have admitted students reporting LSAT

11 scores at or below 148. While it is true that most

12 of our academically dismissed students had an LSAT

13 at or below 148; it's also true, as documents

14 submitted to the Committee during our hearing

15 indicate, that the vast majority of students

16 admitted with an LSAT score below 148 are in good

17 academic standing and have evinced the capacity to

18 succeed in law school.

19 Additionally, as referenced in Exhibit 1,

20 pages 195 through 196, a correlation report

21 generated by the LSAC, reveals that none of the

22 students academically dismissed had a predicted

23 first-year average of below a 2.0. Furthermore, as

24 recommended by the LSAC cautionary policies, LSAT

25 scores are only one factor in our admission process.

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1 In that vein we consider, and by federal

2 regulation are permitted to consider our mission

3 when reviewing applicants. We also review a host of

4 other factors. Nevertheless, if the Committee and

5 this Council believe that LSAT scores below 148 are

6 appropriate benchmark, there are eight fully

7 accredited law schools with scores that do not meet

8 that benchmark and, in some cases, are well below

9 148. Clearly, it would be arbitrary and capricious

10 for this Council to adopt the Committee's

11 recommendation that the DSOL is not in compliance

12 based upon LSAT scores. Finally, a strict LSAT

13 cutoff score would thwart our mission.

14 Regarding Conclusion D, the Committee

15 found that we are not in compliance with Standard

16 511, asserting we have failed to demonstrate that

17 our Career Services Department is effective in

18 assisting students to make sound career choices;

19 this finding is without merit.

20 In Finding 67, the Committee found that

21 our Career Services Department conducts programs to

22 improve student interviewing and application skills,

23 post employment openings, and is accessible to

24 students. In addition to these functions, the ABA

25 Site Team found that Career Services attended

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1 various legal functions, obtained student

2 internships -- including two Tennessee Supreme

3 Supreme Court internships -- and posted job

4 opportunities.

5 Finally, and perhaps most convincingly,

6 the ABA Site Team found, "The large contingent of

7 students that attended the scheduled Team Meeting

8 with students was uniformly positive in its

9 assessment of the adequacy of such student

10 services." Nevertheless, it appears the Committee

11 believes that we do not comply with Standard 511 on

12 the basis that, at that time, we only employed one

13 person in our Career Services Department. That

14 position is not supported in the record.

15 First, as the Committee found in Finding

16 67, we had plans to hire an additional person for

17 that department. I'm pleased to report that has

18 occurred; but even without the additional person,

19 the Committee appears to have misunderstood the

20 process by which we deliver career counseling to our

21 students. Like academic counseling, career

22 counseling is not exclusively provided by one person

23 or even one department at the law school.

24 While career services facilitates efforts

25 to ensure our students are in a position to make

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1 sound career choices, career counseling also comes

2 from each student's faculty advisor, virtually all

3 of whom have been practicing attorneys. That one-

4 on-one role that each advisor plays in shaping the

5 career planning and decision-making in the lives of

6 students seems to have been overlooked by the

7 Committee as they focused solely on the career

8 services director.

9 In conclusion, for the foregoing reasons

10 and based upon the information in the brief and

11 Exhibits 1 through 18, we respectfully request that

12 the Council reject the Accreditation Committee's

13 recommendation and grant provisional accreditation.

14 DEAN O'BRIEN: Thank you, Dean, and thank

15 you, Dr. Dawson. We'll now open the floor to the

16 Council for questions.

17 Yes, Maureen.

18 DEAN O'ROURKE: I wonder if you could

19 expand on how you've adjusted the strategic plan in

20 light of market conditions? I understand that

21 you've adjusted the budget and the University has

22 made commitments with respect to finances based on

23 what enrollment looks like it's going to do.

24 But what I wasn't clear on was how you've

25 adjusted the strategic plan in light of trends in

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1 the economy, trends in the legal profession, and

2 trends in application numbers and how that connects

3 up with the mission of the school. In particular,

4 it wasn't clear to me how, if students are coming

5 out with 80 to 100,000 dollars in debt, that they

6 would actually be able to be employed in the way

7 that you would hope that they would be employed. So

8 that was one question, the adjustment of the

9 strategic plan to the realities of the economy apart

10 from simply adjustment of the budget.

11 And the second though, I'll connect up to

12 the budget, which is the law school, the extent to

13 which the University has committed its financial

14 support. What I think I'm struggling with is how we

15 can be confident of that given such shifting sands

16 in the economy. So I wondered if you could say a

17 word about endowment or how you can be confident

18 knowing that at the undergraduate level there are

19 demographic shifts coming so there are fewer

20 students going to college, you know, how you can be

21 confident that with all the changing sands you can

22 make this kind of un-dollar quantified commitment to

23 the law school over a period of time, or if there

24 isn't one.

25 DEAN BECKMAN: Sure. There's a number of

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1 factors to your question, so I'll try to address

2 each of them and just let me know if I do not. Let

3 me start sort of at the macro level with regard to

4 the University and its commitment, if I may, and

5 then Dr. Dawson may have additional comments with

6 regard to that.

7 Our University is in a unique position.

8 Our University, from certainly the time that I've

9 been there and as far as I'm aware in its history,

10 has actually never relied on its endowment for

11 operating costs; that's a fairly unique position.

12 Instead, the University has created a situation

13 where we have, in many respects, adopted a business

14 model and from that, we're very careful of our

15 costs, we're very thoughtful in the way we spend our

16 money. And our planning has proven that, in fact,

17 that has beared true as we have been financially

18 sound over the years and continue to do so.

19 What we submitted to the Committee, at

20 that time, was unaudited financials for this last

21 year. At the time, we didn't have audited

22 financials. We have them. We're willing to tender

23 them, but I understand that's new information. But

24 that showed, I believe an eleven-and-a-half million

25 dollar -- surplus isn't the right word, but I'm not

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1 an accountant so I don't want to use the wrong word

2 -- it actually turned out to be much higher than

3 that, by $2 million. So we're thoughtful in our

4 costs in and the way we....

5 We've had incredible growth, incredible

6 success in our professional level programs. And in

7 doing so, we do planning in different components.

8 We not only plan for the next year, but we are

9 always doing a moving five-year plan. So that

10 planning ties together and includes the net

11 operating losses for the law school as part of

12 University.

13 The University treats each component as a

14 whole. In other words, we're not an island onto

15 ourselves. And so as a result, all of that goes

16 into our strategic plan; the law school's strategic

17 plan dovetails with the University's strategic plan,

18 and it does so at the financial level and other

19 levels too. But your question is financial, so I'll

20 focus on that.

21 So in doing so, we're always looking,

22 well, if these are going to be the losses -- and you

23 do projections, because a pro forma is a projection.

24 And if we look at historical information, when the

25 economy's done poorly, what we know is that LSAT

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1 test takers goes up and things like that. Nobody

2 expected the decrease, and yet we all have to impact

3 -- our University's impacted by that. So we have to

4 plan based on that. So we do that.

5 We looked at different models in our plan.

6 We do that at the institutional level, and we do

7 that at the law school level all the while thinking,

8 well, what if we get two students, what if we get

9 ten students, what if we get -- we consider all of

10 those models. And we make sure that the funds are

11 there to support the law school and the institution

12 as a whole because, obviously, their concerns are

13 macro and my concerns are more towards the law

14 school, although I, obviously, have the obligation

15 to the entire institution.

16 With that said, let me sort of get into

17 the meat, the other part of your question.

18 DEAN O'ROURKE: So let me just interrupt

19 for a second.

20 DEAN BECKMAN: Sure.

21 DEAN O'ROURKE: So the bottom line then

22 would be that you are tuition and fees driven on the

23 revenue side and you try to control costs on the

24 expense side?

25 DEAN BECKMAN: I believe that's accurate.

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1 DEAN O'ROURKE: So then the second

2 question would be, one of the things that was

3 noticeable was the percentage of increases that

4 you've had in tuition and fees that don't appear, to

5 me at least, to be sustainable over time.

6 DR. HESS: Just to comment on that.

7 There's a very integrated planning budget and

8 assessment process for the units of the institution

9 and the overall institution. Specifically for the

10 law school, we have engaged a professional

11 recoupement fund.

12 There was evidence in the record that we

13 have brought on a new dean of admissions. We've

14 developed a strategic plan for marketing, a

15 strategic plan for admissions. We have

16 significantly advanced the number of applications

17 early this year over last year relative to the

18 University. All sectors of the University involved

19 in University strategic planning have the law

20 school's support on their agenda for the next five

21 years. That includes our fund raising efforts.

22 There are specific fund raising efforts

23 that will be initiated for the law school. We are

24 very successful in fund raising. We are up in the

25 amount of funds that are raised over last year. All

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1 indications are that we are going to continue to

2 grow. We have -- the increases in tuition are

3 sometimes related to averages and to the overall

4 programs being introduced.

5 The University has introduced extremely

6 advances professional degree programs in medicine,

7 nurse anesthesiology, nurse family practitioner.

8 Some of these programs have much higher tuition

9 rates. We have a doctorate in education. They are

10 not high compared to our competitors. We are

11 substantially below the national average in terms of

12 our tuition. Our law school is one of the least

13 expensive law schools in the country.

14 Once we are -- if and when we are

15 accredited, we have access to student recruitment we

16 don't have now through LSAT. Those are not

17 available to schools that are not accredited.

18 Students much opt to be in that pool of students

19 that we have access to. There are a lot of things

20 that weigh very heavily in our favor. We have

21 carefully looked at our projections.

22 Also, I would point out that law school is

23 not an island; it's part of the University. The

24 University plans for other programs not only to

25 support the law school, but to grow as a result of

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1 the law school. When we introduced our medical

2 school, we saw well over a hundred percent increase

3 in all our science enrolments. Introducing the law

4 school, we are seeing increases in our humanities

5 enrollments. We anticipate that that revenue coming

6 to the University can be used to support the law

7 school. There is a lot of evidence in the record

8 that we have very carefully planned for this law

9 school.

10 DR. BECKMAN: You had mentioned something

11 about something doesn't appear sustainable, and I'm

12 not sure we -- what is it that you feel is not

13 sustainable?

14 DEAN O'ROURKE: Well, my question was

15 whether the University's commitment to the law

16 school --

17 THE HONORABLE DURHAM: Would you speak up?

18 We've having trouble hearing you.

19 DEAN O'ROURKE: The second question was

20 whether you had made adjustments to your mission in

21 light of the financial pressures that you could

22 face?

23 DEAN BECKMAN: Oh, no, we've not adjusted

24 our mission. Our mission remains solid. What we've

25 done is, we've certainly looked at and as part of

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1 our planning process, have adopted some initiatives

2 -- and these are in the early stages -- on what we

3 can do to impact students who really impact our

4 mission after they graduate, such as an initiative

5 where we pay part of their debt over the first year

6 or two. And we're looking at different models. One

7 model we're looking at is one year; another model

8 we're looking at, maybe multiple years. That's one

9 initiative that we're looking at.

10 Now, to be fair, this is part of our

11 strategic planning process, so there's a lot of

12 things that go into that -- the funding of it, how

13 it all ties together -- but that's one of the

14 initiatives that we have looked at. We've looked --

15 of course, another thing that is important is

16 discount rate. And we've looked at our discount

17 rate. We've expanded our discount rate. There's

18 evidence in the record where we were and what we can

19 come to.

20 We're continuing to expand out discount

21 rate in a couple of different of ways -- not just

22 credential based, but need based. And I think

23 that's important. I think those distinctions are

24 important because you may have, again, individuals

25 with low entrance credentials that can be highly

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1 successful in law school; but yet you have the need

2 and if they fit our mission, I've got to look at the

3 people.

4 We have a lot of people in the Appalachian

5 region that -- I have to backup. It's hard to

6 really understand that region until you live there.

7 And I'm guilty. I was new to East Tennessee and the

8 Appalachian region. And, you know, these aren't my

9 words but a good friend said, these are mountain

10 people. And sometimes they are mountain people.

11 What's interesting is how these people

12 perform versus other groups that we typically study,

13 like minorities. They may not be minority, but

14 they're mountain people and sometimes their

15 performance is similar. And you see that, and

16 they're people that are dedicated. We have a lot of

17 first generation college students. I was one, but I

18 never really understood it until I teach them, and

19 how it impacts them day to day. So we try to --

20 we're constantly assessing and reassessing what we

21 do and how we can improve things for our students.

22 One of the things that we did, and Dr.

23 Hess mentioned it and it's in the record, and that

24 is that we have one of the lowest private school

25 tuitions in the country. And we've made a constant

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1 effort to be cognizant of what our tuition cost is.

2 We're fortunate in that we have a facility that

3 costs us a dollar a year. I know that a lot of

4 schools don't have that, that's fortunate, we're

5 lucky and we can pass that on. I think it's in the

6 record; it's certainly in the public news that it

7 was about two years ago, LMU froze tuition across

8 the board -- was it two years ago, Dr. Dawson?

9 DR. DAWSON: Two years, yes.

10 DEAN BECKMAN: Two years ago we froze

11 tuition across the board. Again, that comes from an

12 institutional review and assessment of what impacts

13 people. Tuition was going up, you know, the cost of

14 living goes up. You've got to be cognizant of that.

15 But how can we impact this -- every time you add a

16 dollar to tuition, our students are impacted.

17 We've done some other things to impact

18 that. We've looked at what starting salaries are

19 for folks in our part of Tennessee, in Chattanooga

20 which is south and Nashville which is west, in these

21 other areas. And if you look at when a student

22 comes out and they have $100,000 in debt or $80,000

23 in debt, looking at that number -- and I'll be

24 honest with you -- looking at that number is

25 meaningless. What's an important number is, what do

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1 they pay a month, because that's how it impacts

2 them. Can they make enough money to service that

3 debt on a monthly basis? And that's really the

4 question. Can they; yes.

5 I never met you all. I went through law

6 school. I put myself through, paid all that. I

7 understand that debt. I went to a private school.

8 I get it. You've got to be able to service that

9 debt every single month. I think what's lost is,

10 you know, we're all cognizant of the press. We're

11 all cognizant of the fact that lawyers are getting

12 trampled upon every day in the news and how it's

13 going to impact them.

14 We have a law student here who may wonder,

15 where is my career going to be and how is this going

16 to impact me. But the neat thing about all of us,

17 if we share -- and I realize there's some lay people

18 -- but as an attorney, you can go out and practice

19 law if you can take a bar exam, which is why

20 accreditation is so critical. We have a student

21 that drives two hours every day with four kids that

22 doesn't live in Tennessee. She needs to be able to

23 take the bar.

24 Getting back to your point, Dean O'Rourke.

25 We've done a number of things. As reflected in the

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1 record, we've hired a firm that does marketing

2 testing. And one of the reasons was because LMU's a

3 small school that a lot of people don't know about.

4 When the University of California starts a law

5 school everybody knows about it, it's national news;

6 when LMU starts a law school, it's not. So we spent

7 a lot of money. We spent a lot of time working on

8 our marketing efforts, not just the effort, but

9 we're improving there. That's in the record.

10 We have looked at all of the various

11 challenges that we face when recruiting students and

12 come up with plans to remediate those challenges,

13 which is part of effective strategic planning. It

14 doesn't mean that it will always work, but that's

15 why you constantly assess and constantly work to

16 remediate those challenges. Everything from our

17 location -- we're in Knoxville, Tennessee, which is

18 a great location by the way, but LMU's not known for

19 that. That's one of our challenges. Our discount

20 rate, our competition.

21 We made changes in our Admissions

22 Department. We hired somebody with a great deal of

23 experience and skill and nohow. It's something we

24 didn't have, and we assessed it and remediated it.

25 We've looked at the economy and how we can impact

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1 that by keeping tuition low, our discount rate.

2 We're looking at models that will help us such as

3 study discount rates, one of the things that's

4 popular among schools now, scholarships. We've

5 looked at scholarships and how those could impact

6 our students.

7 So we've looked at a lot of different

8 factors. We have plans to remediate, we have plans

9 to assess those things as we move forward and

10 determine whether they are effective or ineffective.

11 DR. DAWSON: Let me just say on behalf of

12 the University that we plan on an annual basis to

13 support the programs that we have instituted, and

14 certainly the law school is among those programs

15 that we will continue to support. And in the

16 foreseeable future, we do not think that there's a

17 problem with our finances and managing the resources

18 necessary to have a fine law school.

19 DEAN O'BRIEN: In the order I've seen

20 them, we have Dennis, Erika, Ruth and Raymond.

21 MR. LYNCH: My question is actually very

22 close but being more specific, not on the financial

23 side, just in what you've learned. You projected

24 100; you hit 55 on the total number you projected.

25 Then you projected 55 and only got 42 --

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1 THE HONORABLE DURHAM: Dennis, could you

2 speak up a little.

3 DEAN LYNCH: You projected high numbers.

4 You came in significantly lower. The next time

5 around, you projected lower and you came in lower.

6 And now you're projecting higher. What is it -- I

7 mean, I'm not clear exactly in the assessment you

8 just described when you started implementing some

9 changes. What is it that you learned from those

10 over-projections with lower actual yields that have

11 led you to think now, you can get to 80? What

12 specific sort of changes have you put into place as

13 a result of that assessment?

14 DEAN BECKMAN: There are a number of

15 factors; but one of the things that we learned was

16 that we were ineffective in marketing our discount

17 rate and scholarship. In other words, what I mean

18 by ineffective is we were passive about it, as

19 opposed to being aggressive about it. I think

20 that's critical. That's one thing that we learned.

21 Another thing we learned was that by using

22 our marketing firm, we found that our marketing

23 materials were highly ineffective. And so what we

24 ended up finding was that if you look at marketing

25 materials -- and you're shaking your head like

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1 you've been through this, right. I mean, if you've

2 done any marketing, you understand that something

3 may look great.

4 Here's what we found: 25 percent of

5 everybody's idea -- we had this brainstorming

6 session -- 25 percent of everybody's ideas were

7 effective, 25 percent were actually effective in the

8 wrong direction, and then about half didn't make a

9 difference at all. That's significant. When you're

10 putting money into marketing -- whether it's

11 Internet, whether it's email, whether it's print

12 materials, whether it's what they call freebee

13 material, it's like give a way -- it tends to be

14 ineffective.

15 I'll give you one anecdotal example. I

16 thought a letter from the dean would be effective,

17 right -- and I write a great letter. It wasn't

18 effective. It wasn't effective. What was effective

19 was a letter from a student. That was effective.

20 So that's some of the things that we've learned.

21 We learned that we needed students to get

22 involved in calling potential applicants. And we

23 used them and a way for them to make some money.

24 They would call because it's a colleague, you know,

25 a potential colleague. That was effective. We

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1 learned that our admissions director was

2 ineffective. And this is the first cycle that Dean

3 Cook has been with us so he can't take the blame for

4 anything that's happened in the past, that's another

5 thing that I think was incredibly important.

6 We learned that, interestingly, we were

7 not effective in selling our location. Let me tell

8 you what I mean. LMU's been around since 1897. LMU

9 is in Harrogate, Tennessee. Who knows where

10 Harrogate, Tennessee is? I didn't have a clue. I

11 didn't know where it was. The problem is when

12 you're a student, sometimes the city's important to

13 you. And so what we were ineffective in doing is

14 saying, we're in Knoxville, Tennessee. Now, many of

15 you probably know where Knoxville, Tennessee is.

16 I'll tell you, there's no greater place in the

17 country to live, no offense, but it's awesome living

18 in Knoxville. I love Knoxville. So that's one of

19 the things that we learned.

20 We learned that our reputation, LMU's

21 reputation was localized as a small liberal arts

22 school. And we ineffective in showing our programs.

23 So it means a lot when you have all these programs

24 that are available, professional programs.

25 We learned that -- one of the ways we

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1 market, as I'm sure many schools market, is you

2 target students who have taken the LSAT test, right.

3 Well, what we learned is, the candidate referral

4 service from which you buy your information, they

5 won't sell us information unless a person

6 specifically, affirmatively -- and I use the term

7 "check a box," but it's all electronic -- but check

8 a box that says you can submit to unaccredited

9 schools.

10 Now, how many students out there will let

11 their information go to an unaccredited school; I

12 can tell you, it's a very small percentage. So that

13 means that we have to use a very small percentage of

14 folks from the candidate referral service and then

15 we have to market other ways. And when we're a

16 small school that is not well-known, we've got to be

17 better at that so that's why we've had to target,

18 you know, bring in a marketing firm and do things

19 like that.

20 DEAN LYNCH: Listening to that, it's very

21 informative. I appreciate the explanation. But this

22 tension between whether you alter your planning to

23 assume fewer students learning everything you've

24 learned in terms of the time it may take for the

25 kind of change that you're talking about to take

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1 hold, or you project up in your planning, do you

2 think you can turn it around that fast?

3 I mean, somehow it doesn't -- in a

4 declining world of applicants and changes in

5 potential applicants dealing with debt-related

6 income and all the issues going on, it still sounds

7 strange that you've been through this marketing --

8 these things you've identified -- is going to alter

9 it better than altering your planning to project

10 somewhat fewer students. You jacked it back up to

11 almost double what you normally would.

12 DEAN BECKMAN: Well, to be fair, two

13 things are important. One, we've implemented these

14 marketing changes and we did all this planning last

15 year. This is all in the record. I mean, this is

16 nothing new. We've done all this. This was before

17 the Committee. This was before. So this is stuff

18 that's happened in the past. So we've made these

19 alterations. That's one.

20 Number two, we have altered and we

21 constantly review. We are in the cycle right now

22 where we do our budget planning. And so we have

23 reduced our numbers moving forward based on that

24 possibility. You have to plan for both. You have

25 to plan for fewer students, and you have to plan for

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1 additional students; but for budget planning you

2 should always plan for fewer students, so we have

3 done that. And we do that every single year. It's a

4 very detailed, very long process.

5 So the planning actually breaks out in

6 different directions. Part of the planning deals

7 with marketing; part of the planning deals with

8 budgeting. So we've implemented these changes, and

9 we're now in the cycle where hopefully we'll see

10 that. As Dr. Hess mentioned, we've seen an up-tic

11 in applicants. So we're seeing some of that. We're

12 seeing people becoming aware of our institution that

13 were not aware of our institution before. We're

14 doing better effective marketing, and yet we are

15 projecting fewer students; hopefully, we'll

16 compensate for both of those things. I think that's

17 what planning is; you've got to plan for those

18 contingencies in all directions. And we've done

19 that. I mean, we build models to do that so that we

20 have no surprises. One of the things that we're good

21 at is trying to come up with different contingences

22 so, okay, if this happens we do this; if this

23 happens, we do this. Nobody can predict the future,

24 but we try to plan for all of those things.

25 Bringing in -- and I have to say it --

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1 bringing in Dean Cook has been a huge benefit too.

2 His experience has helped us tremendously in areas

3 based on marketing. Some of the challenges he had

4 at his former institution translate well to East

5 Tennessee. So we've had some great success in that

6 and in the fact that we've seen an uptick in

7 applications, you know, we'd like to think is

8 probative of our changes in design based upon our

9 planning.

10 DEAN HESS: And to be fair, our size

11 institution an our location, there are lots of small

12 institutions in Appalachia. And we are part of

13 associations, like the Appalachian College

14 Association, which is a group of small private

15 colleges. We're networking with those colleges that

16 have students that have a similar background to our

17 students who might be now more comfortable at our

18 law school. And we're beginning to build those

19 networks that we had not built until this point.

20 We're trying a lot of new strategies and a lot of

21 things are beginning to be fruitful for us.

22 The discount rate that was approved by our

23 Board came in late last year and had very little

24 impact on that class. It's available now for the

25 entire recruitment period -- if I'm not correct,

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1 correct me -- but it didn't make much difference

2 last year because it was approved late and it was

3 not made available early enough to help attract

4 students.

5 We have made strategic initiatives. We've

6 prioritized those initiatives. We are evaluating

7 their effectiveness. We will continue to do what's

8 effective, and we will implement new strategies to

9 be more effective. And as we intend to revise our

10 strategic plan per forma on a five-year basis we

11 will project some downturn in other programs, but we

12 project tremendous growth in other programs.

13 What we didn't and cannot introduce, I

14 misspoke on your previous question, is that we're

15 starting an honors college, and there is great

16 interest in our region in an honors college. And it

17 will be on our campus and it will target pre-

18 professional students. So we're doing a lot.

19 DR. DAWSON: But ultimately when asked the

20 question, what happens if you have fewer students;

21 we are prepared for that inevitability and will

22 adjust the budget accordingly to support the law

23 school as needed with a smaller class size.

24 DEAN BECKMAN: We have a cash strategic

25 initiative, a fully-funded cash strategic initiative

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1 to handle those things. And that amount, Dr.

2 Dawson?

3 DR. DAWSON: Currently, $7 million for

4 strategic initiatives, the reserve for just this

5 kind of issue.

6 THE HONORABLE DURHAM: Dean, the mission

7 that you offered to us today -- the purpose of a

8 feasibility study, I think it said this directly,

9 the purpose of the feasibility study is to determine

10 whether certain conditions exist that justify the

11 establishment of the new law school. Your

12 feasibility study was completed in 2008.

13 You correctly observed, I think, that the

14 Standards do not require more than one feasibility

15 study, but something happened, again it happened in

16 2008, which is that the country went into recession

17 and that the bottom fell out of the legal market.

18 There are some studies which suggest that the legal

19 profession has been hit as hard or harder than any

20 other industry in the United States.

21 I notice that when, in the transcript of

22 your appearance before the Accreditation Committee,

23 when pressed on this you responded by saying, well,

24 no, we never updated our 2008 feasibility study, but

25 let me tell you a couple of stories, and you

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1 provided two anecdotes, as I recall.

2 But I have to say, it troubles me that

3 given the nature of the impact on our profession

4 and, particularly, since you have identified your

5 mission to be services to a very particular

6 community, both educational services and legal

7 services, that you haven't undertaken any steps to

8 get some empirical data that would suggest that the

9 conditions exist in your market to justify the

10 establishment of the new law school.

11 DEAN BECKMAN: I don't think that's

12 accurate, and let me go back. I think the

13 disconnect was -- the focus of the Committee on the

14 feasibility study. The appropriate mechanism and

15 process to address those concerns would be on a

16 strategic plan, which we have done with great

17 detail.

18 THE HONORABLE DURHAM: But there's another

19 disconnect because feasibility is oriented to

20 conditions justifying existence of a school; where a

21 strategic plan goes into how the school, once

22 created, manages ongoing challenges. And it's

23 really the former that I'm concerned about.

24 DEAN HESS: One of the ongoing challenges

25 is that market. Our strategic planning process at

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1 the institution is used as a model by many schools.

2 We break it out into every area of the institution.

3 There are environmental scans that are ongoing to

4 assess the market in each discipline where we have a

5 program.

6 There are changes that are made to all of

7 those recruitment efforts in all of those

8 disciplines to continue to support those programs.

9 Much of the information in that feasibility study

10 has not changed -- population projections have not

11 changed, the age of the people who will be retiring

12 have not, if anything, it's becoming more real.

13 There are many factors in that feasibility study

14 which have now become a part of an environmental

15 scan for strategic planning.

16 The feasibility study had an end date;

17 strategic planning is an ongoing continuous

18 research-based process to improve the program and

19 services of the law school and the University.

20 DR. DAWSON: So we would submit that a

21 part of the strategic planning process is, indeed,

22 that environmental scan which includes a look at the

23 feasibility.

24 DEAN BECKMAN: The other thing is, when

25 you build an institution, you build an institution

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1 for the long-term, not the short term and not the

2 medium term. As was said recently -- and this is a

3 quote, these are not my words -- "Regardless of what

4 some may see as the desirability of denying access

5 to the legal profession on the basis of even medium-

6 term employment opportunities, the accrediting

7 agency simply cannot lawfully do so." Those are the

8 words of the ABA, I believe Mr. Askew wrote those

9 words in response to a letter from Senator Grassley.

10 Universities, institutions, must build programs

11 based on the long-term. And what's critical is

12 having the ability to handle short-term challenges

13 or medium-term challenges. Not everybody does that

14 well; Lincoln Memorial University has a history of

15 doing it exceptionally well. I mean, we've been

16 around since 1897.

17 The other thing is, we have to recognize

18 that in addition to the comment that the population

19 is growing, Tennessee -- East Tennessee and

20 Tennessee has not been hit as hard as other areas of

21 the country in our Appalachian region. It's not that

22 it hasn't been hit, it just hasn't been hit as hard.

23 And also it's important to know that we

24 have a lot of people -- part of the part-time

25 program is people that have to continue to work, but

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1 still want to get the same education to become

2 attorneys; and that's an opportunity that really no

3 one else in our region offers, you have to go as far

4 west as Nashville, and that's not an accredited

5 institution, or south to Atlanta.

6 THE HONORABLE DURHAM: That's true. If I

7 might just ask one follow up question. Part of your

8 mission, your stated mission is to produce graduates

9 who will go back into the underserved communities in

10 East Tennessee and serve them, and yet the

11 documentation suggests that paid employment that

12 would support such a service has shrunk in the

13 region rather than even been maintained and

14 stabilized.

15 DEAN BECK: I think that what you see in

16 the region, the Appalachian region, is a shift. I

17 mean, there is some shrinking in certain areas and

18 not in others. I mean, we don't have a lot of

19 really big firms; we just don't. We have a lot of

20 small and medium-sized firms. And I've talk with

21 people regularly, as does career services, as does

22 the rest of our faculty, and I will tell you -- we

23 have an Advisory Board which consists of judges and

24 lawyers throughout the region trying to encompass

25 part of the Appalachian region, and they'll tell you

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1 they have a lot of work. They do have a lot of

2 work.

3 It changes, the work changes, and the

4 opportunities shift, but they're there. Lawyers, you

5 know, the advantage that you have -- when I came

6 out of college, I couldn't do anything with my

7 degree except go to school. Some degrees, you know,

8 there's a lot of liberal arts degrees that just

9 don't provide opportunities. A law degree and the

10 ability to practice law provides opportunities for

11 individuals at all levels, whether it's hanging out

12 a shingle or partnering up. And the need is there

13 for the legal representation. Let's not get lost on

14 that. The reality is that need is increasing. The

15 need for good legal representation is increasing.

16 Now, they're areas that maybe limited, but

17 it's still there -- it may be family, it may be

18 immigration -- but they're there. There's like two

19 immigration attorneys in East Tennessee, and our

20 fastest growing population is Hispanic in areas that

21 we have immigration issues. So, you know, those are

22 growing. It's shifting; it's not necessarily

23 shrinking, it's shifting. And part of what we do is

24 try to provide opportunity.

25 Additionally, there's court-appointed

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1 work, you know, which is not necessarily shrinking,

2 but probably growing. So there's lots of

3 opportunities.

4 DR. DAWSON: Let me emphasize, however,

5 that your Standards don't, in fact, emphasize the

6 concerns that you raise.

7 MS. ROBINSON: I have a few questions.

8 DEAN BECKMAN: Yes, ma'am.

9 MS. ROBINSON: The first question is, if

10 you could describe for me the theoretical

11 underpinnings of your Academic Success Program, and

12 what do you mean by -- how you serve students who

13 are struggling, and what evidence do you have that

14 those methods actually worked?

15 My second question is -- it's kind of a

16 comment and then a question. We know that students

17 are generally more successful in obtaining legal

18 employment if they are able to find a clerkship

19 during their one-L or two-L summer. Can you tell me

20 the percentage of students from your inaugural class

21 and your subsequent class that had summer employment

22 and where they were employed?

23 DEAN BECKMAN: Sure. Obviously, two

24 different points, so I'll address them individually.

25 With regard to the academic success, our

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1 program is, as I mentioned before, has tremendous

2 breadth. It is -- one of the things that we did

3 this last year was, we had Bridge Week, which we had

4 expanded this last year based on the assessment of

5 the previous year. We added some time to it. We've

6 changed the offerings. We do assessment at every

7 level.

8 So with regard to course level assessment

9 -- which this is what it would be -- we do

10 assessment of Bridge Week which is one part, each of

11 the sub-classes -- which is Academic Success I,

12 Academic Success II, Academic Success III -- each of

13 those components. We have writing tutors. These

14 are people that provide one-on-one tutoring. We

15 employ three of them that provide one-on-one

16 tutoring to students that have legal writing issues.

17 One of the things that we have found is

18 that one of the fundamental issues that students

19 face is writing and the ability to write well. And

20 in talking to -- we do a great deal of faculty

21 development. And so one of the things that we found

22 in talking to faculty at other legal institutions

23 across the country, regardless of entrance

24 credentials, writing problems are pervasive across

25 schools.

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1 So we think it's important, and we put a

2 great deal of energy into helping with writing. So

3 writing tutors. We do academic counseling and then,

4 of course, workshops that are singularly focused,

5 depending on the workshop, in the skill that we have

6 determined really needs help.

7 We also -- the ASP is supposed to help

8 them prepare for classes, prepare them for exams --

9 both, right -- and how to better educate our

10 students in exam preparation. So not just how to

11 take the exam, but how to effectively devote their

12 time to preparing for exams. Things like, you know,

13 we found -- again, through our assessment process --

14 that some of our students struggled with fundamental

15 issues like outlining. So we got together. We said,

16 let's have some workshops and let's do some

17 exercises on how to better outline, how to prepare

18 your materials so that you study more effectively.

19 One of the things that we found, through

20 our assessment mechanisms, is that a lot of students

21 think that, well, if I managed to get through

22 school, undergraduate school with good grades those

23 skills should translate well into law school. They

24 don't -- well, sometimes they do, but they don't.

25 So to help those students, we've developed workshops

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1 to help them. Look, let's find your weaknesses.

2 And, of course, they can change, which is why we

3 constantly assess each term and each class.

4 The philosophy of ASP really centers

5 around the acquisition of knowledge, the

6 internalization of knowledge, and the application of

7 knowledge. It's not just black and white, as far as

8 black letter law. It's how to think, how to think

9 like a lawyer. We have -- for us, academic success

10 starts before students matriculate. And that means

11 it starts at Bridge Week before they ever take their

12 first class, so that we can try to ramp-up some of

13 their skills in areas that they may be lacking.

14 It provides an overview of the system, not

15 just legal education, but what they do every day.

16 An introduction to the common law system, how to

17 brief cases, our technology. We actually hold a

18 mock class. We hold a mock exam. We teach them how

19 to do IRAP. We give them lectures on things like

20 thinking like a lawyer, time management. Time

21 management's a critical problem for students. And

22 we try to help them from the very beginning to

23 become more effective time managers.

24 MS. ROBINSON: Let me interrupt you.

25 DEAN BECKMAN: Yes, ma'am.

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1 MS. ROBINSON: My question is: How do you

2 determine that the strategies that you are imploring

3 are the most effective strategies in achieving

4 academic success for students that are struggling?

5 Because I understand from reading the record,

6 reading the transcript, all of these programs, but

7 how did you make your determination that these are

8 the methods that would be the most effective in

9 delivering those services? So I guess that's my

10 question.

11 DEAN BECKMAN: Sure. We can ask, to my

12 left, Dean Meldrum to expand on it; but we do that

13 for not only course-level assessment, we do it

14 through measuring outputs, grades. And remember,

15 one of the things that we have that's unique that

16 gives us the opportunity to measure more outputs

17 than many institutions is, we literally have daily

18 assessment. So that means that, you know, when most

19 of us went to law school, I had a final exam and

20 that was it, and lot of schools follow that model.

21 We don't follow that model. We use

22 interactive technology so every day -- there's some

23 exceptions, but very few -- every day a student is

24 going to know how they're doing on the subject

25 matter in a given class. So one of the things that

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1 we can look at -- we compile all the data, and we

2 examine all that data. So let's say that you're

3 struggling in an area. And one of the things that

4 ASP will help you focus on is tailoring -- okay, I'm

5 struggling in torts, so let's look at that. And we

6 do that though a number of different ways that

7 things. I won't go into substance; you don't want

8 substance, you want the assessment.

9 So then what we look at is, okay, let's

10 start looking at your daily assessment data and see

11 if we're seeing improvement -- because we can do

12 that daily. We can do that with mandatory midterms.

13 We can do that with our final exams. So we can

14 measure outputs and assess inputs. We can do both

15 and then look at that data. We abrogate that data

16 across the entire institution, not just with regard

17 to students that may be struggling, we do it across

18 the entire institution constantly. With that said,

19 Dean Meldrum, would you --

20 DEAN MELDRUM: Essentially, we had to take

21 two different approaches. Obviously, when we

22 started, we did not have a mechanism for assessment

23 to determine the efficacy of the program. So what

24 we did is, we took a look at undergraduate

25 institutions first because they have a much longer

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1 history in using Academic Success Programs than law

2 schools have had. So we tried to do a lot of

3 research in other areas to determine what worked

4 with the population and demographics of students

5 that we've recruited.

6 Secondly, we looked at other law schools

7 that also have similar student credentials, about

8 those things that worked and didn't. And what we

9 found immediately is that were losing a lot of

10 students during the first few weeks after they were

11 enrolled. And so what that said, to me at least,

12 is that many of our students are learning very

13 quickly that they're not cut out for this -- they

14 don't have the time to commit, they don't have the

15 desire, or perhaps they don't have the capacity --

16 while we thought they did, maybe they got in there

17 and, at least, self-assessed that they don't.

18 So in light of that, we decided that it

19 would be effective if we create a Bridge Program so

20 that way, before they ever matriculate, they go

21 through a pretty rigorous week of what law school

22 will be like. And we'd bring in the doctrinal

23 faculty, and they give those pretend classes. We

24 give them cases to read and they brief.

25 So what we discovered is we did lose some

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1 students during that Bridge Week, and we never made

2 money off them. We didn't charge them tuition.

3 They never matriculated and so they never pulled

4 down those federal dollars. And that really helped

5 because it gave them an opportunity to see whether

6 or not they might be successful. So we found it was

7 important to empower them, to give them enough

8 information to decide on their own. So we did that

9 by creating the Bridge Week.

10 Second of all, we created the Academic

11 Success Program I that all students have to enroll

12 in. And we thought that was important because it

13 takes away the stigma of Academic Success. Students

14 don't want to be enrolled in a remedial program,

15 that makes them uncomfortable and I don't blame

16 them, so we created the ASP I program. And we

17 require everyone to take it. Not only do some of

18 the stronger students pull up the weaker students,

19 it allows them all to feel involved.

20 So from that program, once we got that

21 program started, then we'd start assessing how they

22 did. So during the first week, we would give them

23 sample exercises where they have an opportunity to

24 analyze and issue. And then along the way through

25 ASP I, we would compare it back to how they did at

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1 the beginning to see if they were improving,

2 especially including the practice exams. With those,

3 we actually have the doctrinal faculty that are

4 teaching in the first semester create those practice

5 exams and get practice answers.

6 Because what we have found that the

7 students most appreciate about our Academic Success

8 Program is that it's directly tied to the courses

9 they're taking that semester so they can gauge, not

10 just whether they're learning in theory, but are

11 they actually learning how to apply it in this

12 particular professor's course. So along the way, we

13 always get feedback, both summatively and

14 formatively, to determine whether or not they're

15 making that progress.

16 We keep electronic writing portfolios on

17 all of our students. So everything they've ever

18 written we keep; we pull those randomly every

19 semester. I review them, the director of academic

20 success reviews them, and we actually have a rubric

21 to determine whether or not they're making progress.

22 So I can probably go on and on, but I don't want to

23 belabor it, but that's essentially how we determine

24 whether or not it's effective. And when we find

25 it's not, we change it -- by adding ASP II, for

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1 instance.

2 We found ASP I might not be enough. So for

3 those students who fell in the gap -- they were

4 above a 2.0, but they didn't have to take ASP, but

5 they weren't doing so well, they needed a little

6 more. They needed a little more help. So we have

7 made ASP II a required course for students who fail

8 to achieve a 2.33 in their second semester.

9 So, again, we get that through assessment,

10 by looking at their needs and how they're

11 progressing through the program. And, again, I

12 think most importantly about our ASP that fulfills

13 our mission, it's all free.

14 MS. ROBINSON: My hope was that are works

15 that available that specifically look at law

16 students. And I'm thinking specifically of Michael

17 Schwartz and his empirical works. And I was hoping

18 that we would you hear you discuss that a little bit

19 more, but I am comfortable enough to move on to the

20 question about students and the students that

21 actually had jobs during your summer program.

22 DEAN BECKMAN: I'll do that, but I do want

23 you to know that we've consulted with Michael. He

24 was a former colleague. I know him very well. He

25 was down in Charleston, down the road from you. And

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1 that's in the record. As well as the gentleman from

2 Suffolk, his name slips my mind -- Jim Janda. We

3 consulted with him to do this very thing -- to see

4 what we're doing and get some other perspectives on

5 whether we can improve or change those things. So

6 we have done that. We've also consulted with the --

7 again I forget the name, it's in the record -- but

8 the lady who wrote Juris Types. What's the test --

9 the personality test and how it applies to different

10 learning types.

11 MS. ROBINSON: Martha Peters?

12 DEAN BECKMAN: Martha Peters, there you

13 go. Sorry. So we've done all of that in hopes to

14 tailor our program.

15 With regard to your question, we do, in

16 fact, track that very carefully; but I can tell you

17 that -- I can actually break it down. This was the

18 student employment and placements last summer.

19 Everybody who sought placement received it. Now, it

20 was not a huge cohort of students, but everybody who

21 wanted some placement received it. And we actually

22 break it down and I can tell you with exact

23 specificity where they went. And I'm sure you don't

24 want to hear them all, but let me give you --

25 MS. ROBINSON: I just want the number.

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1 Out of X students, how many students receive

2 placement for the summer?

3 DEAN BECKMAN: Let me make sure I give you

4 the right number. The number who sought employment

5 last summer was 30 and they all got it.

6 MS. ROBINSON: And how many were in the

7 class?

8 DEAN BECKMAN: Well, eligible for --

9 MS. ROBINSON: Eligible for employment.

10 DEAN BECKMAN: 136, but a lot of those are

11 part-time students so they have full-time jobs --

12 some of those are in law firms, some aren't -- so

13 they wouldn't have been seeking necessarily.

14 DEAN MELDRUM: And if I could throw in, 10

15 percent of those were employed in judicial

16 internships or externships.

17 DEAN BECKMAN: Yeah, we have some students

18 that already have gotten full-time employment by the

19 way, offers of full-time employment postgraduation

20 including one with the Tennessee Supreme Court.

21 DEAN O'BRIEN: All right. We're going to

22 move on to Chief Justice McGregor.

23 THE HONORABLE MCGREGOR: In your response

24 to the Accreditation Committee Report, in that reply

25 in a number of your arguments you refer to and rely

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1 upon what you describe as the findings of SACS-COC

2 and the Tennessee Board of Law Examiners and the

3 Site Report, and you asked us to reject the

4 Accreditation Committee's Report based upon the

5 findings of those three bodies.

6 Now, for my question, assume with me that

7 his Council finds or regards the conclusions of SACS

8 and the Tennessee Board of Law Examiners

9 interesting, but of no evidentiary value in

10 determining whether you complied -- substantially

11 complied with the ABA standards; and also assume, as

12 is the case, that this Council gives no particular

13 deference to the Site Report findings, unlike the

14 deference we give to the Accreditation Committee.

15 So please set aside for me for my

16 hypothetical question the findings you replied upon

17 on the SACS, the Tennessee Board of Law Examiners

18 and the Site Report. Dean, as a lawyer as a legal

19 education professional, would you argue to this

20 Council that your school has carried the burden of

21 showing substantial compliance with the Standards

22 without relying upon those three sources?

23 DEAN BECKMAN: Absolutely, yes.

24 THE HONORABLE MCGREGOR: All right. Would

25 you tell me why then in your brief to us you argue

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1 that we should set these aside based on the ABA Site

2 Team Report and the findings of SACS-COC and the

3 TBLE.

4 DEAN BECKMAN: Sure, I'll do that. I'll

5 address each one.

6 THE HONORABLE MCGREGOR: And I also want -

7 - and I just want to know -- you don't have to go

8 through lots of detail here, Dean; but as to each of

9 those Standards where the Accreditation Committee

10 found lack of substantial compliance, would you

11 please just tell me what evidence you replied upon,

12 leaving aside those three sources.

13 DEAN BECKMAN: Okay. Dr. Hess --

14 DEAN HESS: Let me just say a word about

15 that. Each of those findings in each of those

16 Standards that you cited those are not just ABA

17 Standards, those refer to Federal Standards. The

18 Southern Association of Colleges and Schools --

19 THE HONORABLE MCGREGOR: No, no. No, I'm

20 not -- leave aside those findings, because I really

21 think they do not have evidentiary value for us. I

22 don't know whether the rest of the Council agrees

23 with me or not. So I'm very curious to think what

24 you think is sufficient to carry your burden without

25 those.

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1 DEAN BECKMAN: Sure. I think that

2 although the brief certainly does outline specifics

3 with regard to those other bodies; it also outlines

4 specifics with regard to, yes, the Site Team Report

5 the findings of the Committee.

6 THE HONORABLE MCGREGOR: Maybe I can

7 short-circuit this because I know we're beyond time.

8 Are there factors you would rely upon, other than

9 those identified in the brief to us; or if we go

10 back and see what factors, other than the three

11 things I've taken out of the picture, if we go back

12 to your brief, will everything be there that you

13 think we should rely upon to be testifying before

14 the Accreditation Committee?

15 DEAN BECKMAN: Yes, remember --

16 THE HONORABLE MCGREGOR: Okay. That's

17 fine. That's --

18 DEAN BECKMAN: Let me point one thing out,

19 your Honor, if I might. Under the Rules of

20 Procedure, all of the evidence that was submitted to

21 the ABA in the 18 exhibits that I have submitted

22 today are properly before you.

23 Additionally, if you look at the Rules of

24 Procedure, it says that, in effect, the conclusions

25 reached by the Committee are de novo. It's the

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1 findings -- it's the findings that you must give

2 deference to, unless there's not substantial

3 evidence in the record. So it is our position that

4 there is not substantial evidence in the record with

5 regard to those portions of the particular findings

6 used to support the conclusions.

7 THE HONORABLE MCGREGOR: And my question

8 to you is: If we set aside your argument that there

9 is no basis for the Accreditation Committee's

10 findings because of the Site Report, then is

11 everything we need to support that argument --

12 because that argument does rely upon, I think you

13 would agree, on the findings of the Site Report --

14 if you set that aside and there are other reasons to

15 find that the Accreditation Committee made arbitrary

16 findings, they're all there in your written

17 argument.

18 DEAN BECKMAN: They are. But can I just

19 give you one example to make sure we're on the same

20 page, if I might, your Honor?

21 THE HONORABLE MCGREGOR: Okay.

22 DEAN BECKMAN: One example; and I have to

23 put the letter in front of me, so forgive me for a

24 moment.

25 Here's an example. They said that -- this

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1 is in there -- I'm sorry. I'll give you a specific

2 reference. This is the Committee's letter, page 13

3 of 23 where they talk about the admissions and the

4 first year class profile.

5 What they say is that there's a decline --

6 just this one example, as I said, your Honor -- a

7 decline in yield. So although it's correct; it's

8 misinterpreted. And so I think you've got to look

9 at it carefully to recognize that it is, in fact,

10 misinterpreted.

11 THE HONORABLE MCGREGOR: And that argument

12 is in your brief?

13 DEAN BECKMAN: It is, yes, ma'am; but to

14 get to your point, it's in here. So it is here. I

15 just think that there should be guidance into how

16 those are looked at.

17 DEAN RUSSELL: Your Honor, if I understand

18 your question, I think you're asking if you put all

19 of these reports aside, does sufficient evidence

20 exist within the record --

21 THE HONORABLE MCGREGOR: Yes.

22 DEAN RUSSELL: -- to support our petition

23 for provisional accreditation.

24 THE HONORABLE MCGREGOR: No; have you

25 carried your burden of establishing substantial

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1 compliance?

2 DEAN RUSSELL: And, your Honor, yes. I

3 would specifically point you to the Self Study and

4 all of its exhibits. There are a number of

5 additional updates we provided to the American Bar

6 Association, but the Self Study is our primary

7 compliance document.

8 DEAN O'BRIEN: All right. We'll go to

9 Raymond.

10 DEAN PIERCE: My question's been answered.

11 DEAN O'BRIEN: All right. Let's go to

12 Greg.

13 MR. MURPHY: Dean, can you tell me what

14 percentage of your students come from Tennessee?

15 DEAN BECKMAN: The vast majority. One

16 moment, sir.

17 DEAN MELDRUM: There were 75 to 85 percent

18 came from Tennessee.

19 DEAN BECKMAN: That's not everybody, but

20 that's the last class.

21 MR. MURPHY: So you hope to serve all of

22 southern Appalachia. So you would expect most of

23 those students to stay in Tennessee to serve the

24 population in Tennessee; is that correct?

25 DEAN BECKMAN: I believe that's true.

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1 MR. MURPHY: And the Tennessee Board of

2 Bar Examiners, as I understand it, before you could

3 open your doors, it said it would allow the

4 graduates of the school to take the Tennessee Bar

5 Exam, right?

6 DEAN BECKMAN: Yes, sir.

7 MR. MURPHY: Has that organization given

8 you any indications that it would withdraw that if

9 this Council did not grant provisional approval.

10 DEAN BECKMAN: We will be reviewed. They

11 have not telegraphed one way or the other what their

12 decision would be; but that letter actually triggers

13 that because their letter understood we were

14 applying for ABA accreditation, and if we aren't

15 granted it, we will go before them again for review.

16 MR. MURPHY: They obviously did their own

17 independent analysis applying their own standards

18 and their own judgment with respect to the decision

19 to allow the students to take the bar examination;

20 you would expect them then, after they hear whatever

21 our decision is, to take another look at that and

22 make their own independent judgment, correct?

23 DEAN BECKMAN: I would expect that, yes,

24 sir.

25 MR. MURPHY: But you've heard nothing from

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1 them to suggest that if the Council decided not to

2 grant provisional approval, that being the judgment

3 of the Accreditation Committee that would take

4 place, that the Board would withdraw it's previous

5 ruling?

6 DEAN BECKMAN: They have the authority to

7 do that. sir.

8 MR. MURPHY: They have the authority, but

9 you haven't heard anything from them to suggest that

10 they would; is that true?

11 DEAN BECKMAN: Not in either direction.

12 It wouldn't be appropriate under the timeline.

13 We've certainly informed them, as were required to

14 do. We've informed them of the Committee's

15 decision; we had to do that, they're an accreditor.

16 But they have not, no. I mean, the answer is, no.

17 MR. MURPHY: They haven't telegraphed

18 their report?

19 DEAN BECKMAN: They have not, sir.

20 MR. MURPHY: Thank you.

21 DEAN O'BRIEN: Michael?

22 PROFESSOR DAVIS: I don't know which Dean

23 to address this to, perhaps Dean Cook or Dean

24 Beckman. Over the last two years you've admitted

25 about 70 percent of your applicants, but that means

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1 that 30 percent weren't admitted. Had you admitted

2 more than 70 percent, you probably would have come

3 closer to your enrollment projections.

4 I'm curious, the basis upon which you

5 don't admit students -- and there's two subparts to

6 that -- first, do you have an absolute academic

7 profile floor below which you will not go regardless

8 of what else is implied (a); and (b), what other

9 factors, short of things that attract the attention

10 of character fitness review people, do you take into

11 account when deciding not to admit people?

12 DEAN BECKMAN: So part of your question,

13 the answer is we do not have an absolute floor.

14 That would violate the LSAC's policies regarding

15 good admission's practices, and we don't think that

16 a floor is appropriate. We do look at files in

17 their entirety.

18 And so that means that in addition to LSAT

19 scores and undergraduate GPA, we look at a number of

20 factors. We look at graduate degrees. We look at

21 graduate GPAs. We look at experience post-

22 graduation at the undergraduate level. We look at

23 other areas of service that they may have done. We

24 look at their work in the community.

25 We look at letters of reference. And we

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1 all know there are substantive letters of reference

2 and not substantive letters of reference. We read

3 them all. We look at their personal statement. We

4 look at their CV. We look at everything in their

5 file that may impact -- now, I'll turn this actually

6 over in a moment to Professor Reid because she

7 chairs our Admissions Committee, and she may give

8 you some more insight. But we do look at everything.

9 We also have the option of personal

10 interviews. And so we'll bring in students that we

11 think, you know, I don't know. I mean, anybody on

12 the Admissions Committee can ask for a personal

13 interview and then we would bring them in. As I

14 understand, that's highly unusual at law schools but

15 that's that personal contact.

16 So let me give you a specific example,

17 sir. One of the things that the Committee talked

18 about, again they focused solely on LSAT scores and

19 we admitted a 138, a very low score. Well, if you

20 look at if from a holistic perspective, maybe it

21 wasn't a bad decision. This individual was a

22 professional educator in East Tennessee. She had an

23 earned doctoral degree. She had an earned education

24 specialist degree. She had two master's degrees, in

25 addition to her bachelor's degree. Her GPA from her

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1 graduate-level work, I believe the lowest was a

2 3.85. The lowest was a 3.85 across her graduate

3 degrees.

4 We looked at her work. She was a

5 minority. She was going to stay in the area. We

6 looked at everything. We had personal contact with

7 her on two occasions. So, yes, we made the decision

8 on other factors to admit her. We've got to look --

9 we can't serve the mission if we just look at

10 numbers. We can't. So that gives you some insight.

11 PROFESSOR REID: Well, I would just add,

12 we look at the entire applicant's file. So we look

13 at things other than the LSAT and the undergraduate

14 GPA and we make these kind considerations based upon

15 their writing sample, their prior work history,

16 their legal experience because a lot of times,

17 they're paralegals and court reporters, things of

18 that nature.

19 I'm the chair of the Committee and then

20 there's two other faculty members that decide upon

21 and vote. If both decide we're going to approve

22 entrance, it's up to the Dean who then decides, yes

23 or no. And there's actually been times in which the

24 Dean hasn't agreed with us and said, no, I don't

25 think this person is capable to complete the course

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1 work at the law school. In the case of a tie, as

2 the chair, I make the determination of whether we're

3 going to say yes or no; and, again, that goes to the

4 Dean.

5 We've also received a lot of training from

6 the Dean of Academics taking a look at the LSAT

7 Correlation Study, as well as discussing academic

8 dismissal, and making a determination what type of

9 predictors we look at in the LSAT and undergraduate

10 GPA in determining what we should take into

11 consideration. However, like the Dean said, we look

12 at the entire picture of the person, and there are

13 people who have low LSATs, but -- have I answered

14 that?

15 PROFESSOR DAVIS: You have.

16 DEAN O'BRIEN: Ed Butterfoss?

17 DEAN BUTTERFOSS: Dean, am I correct, you

18 goals for the entering class in 2012 are 80 full

19 time and 25 part time?

20 DEAN BECKMAN: That was the last

21 projection we submitted. We've revised those

22 numbers.

23 DEAN BUTTERFOSS: What is the new one?

24 DEAN BECKMAN: Forty and 20.

25 DEAN BUTTERFOSS: You mentioned an uptick

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1 in applications. I guess my question is going to be

2 whether the uptick was sufficient to support your

3 hope for 80; but now you're down to 40, that's a

4 couple fewer than last time.

5 DEAN BECKMAN: It is.

6 DEAN BUTTERFOSS: Do you have projections

7 beyond that, for the next two or three years?

8 DEAN BECKMAN: We do.

9 DEAN BUTTERFOSS: What would they be?

10 DEAN BECKMAN: Will you give me a moment?

11 DEAN BUTTERFOSS: Sure.

12 DEAN BECKMAN: For the years following --

13 I want to make sure I have my years right -- next

14 year 40, the year after that 55, 55, 55, and 20, 20,

15 20. When I say that, what I'm talking about is full

16 time, part time. That's what I mean.

17 DEAN BUTTERFOSS: And do you have goals or

18 targets for the median 25th/75th LSAT?

19 DEAN BECKMAN: We do. As part of our

20 strategic planning was a desire to increase that.

21 So what we put in our strategic plan is -- I'll tell

22 you specifically what's in it -- yes, sir; under our

23 statistic plan, the law school shall increase the

24 entering academic credentials of the student body

25 over the next three years with LSAT and

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1 undergraduate GPA scores increasing in each cohort.

2 The goal under the strategic plan is to

3 have a median LSAT of 150 and a GPA of 3.2.

4 DEAN BUTTERFOSS: And that's what, in say

5 three years?

6 DEAN BECKMAN: Yes.

7 DEAN BUTTERFOSS: In the original pro

8 forma, I think the cumulative investment by the

9 University was projected to be about 4.5 million.

10 DEAN O'BRIEN: Ed, will you speak up,

11 please.

12 DEAN BUTTERFOSS: I'm sorry. In the

13 original pro forma, I think the cumulative

14 investment by the University was projected to be

15 about 4.5 million; is that correct?

16 DEAN BECKMAN: I believe that's correct.

17 DEAN BUTTERFOSS: It looks like in the new

18 operating budgets which have some projections out a

19 few years, that the cumulative never goes above

20 1.75; am I misreading it or is that correct?

21 DEAN BECKMAN: That the cumulative -- I

22 don't think I understand your question fully.

23 DEAN BUTTERFOSS: Instead of 4.5 million

24 as a cumulative investment by the University, it

25 peaks at about 1.75 and then starts going down.

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1 DEAN BECKMAN: Well, you're talking --

2 you're talking about net revenue, right? Is that

3 what you're talking about -- I mean --

4 DEAN HESS: Yes.

5 DEAN BECKMAN: It goes up every year and

6 then it plateaus. It goes up every year and

7 plateaus. Let me find the budget in the file.

8 DEAN HESS: The University's commitment

9 declines the law schools ability to --

10 DEAN BUTTERFOSS: Right, but I'm talking

11 about the cumulative University investment over the

12 years.

13 DEAN BECKMAN: The cumulative couldn't go

14 down that radically. I just want to make sure I

15 answer your question. The cumulative couldn't go

16 down.

17 DEAN BUTTERFOSS: I'm not saying it goes

18 down; I'm saying in the budget now the maximum looks

19 like 1.75, and the pro forma was 4.5.

20 DEAN BECKMAN: I'd have to look to tell

21 you because I just don't --

22 DEAN BUTTERFOSS: That's okay. Let me go

23 to a different topic.

24 DEAN BECKMAN: Yes, sir.

25 DEAN BUTTERFOSS: I understand you have

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1 this philosophy of kind of all hands on deck when it

2 comes to career services, career advice, academic

3 success, etc. And I guess my concern is, I'm

4 looking at -- and, again, this is coming from a

5 perspective of someone who's a dean and associate

6 dean, so this isn't from an oppressed faculty member

7 worrying about the workload.

8 I'm looking at faculty obligations. Three

9 classes per semester. When the externship program

10 starts, faculty members will be supervising

11 individual students and will be required to meet

12 with them for at least four hour per students.

13 Office hours are required -- five live, three

14 online. There's a group that chooses the embedded

15 turning point questions, there have to be 15 common

16 questions across the class. They have ten hours of

17 pro bono requirement. And then there's these

18 anonymous reviews of three colleagues that they have

19 to review the classes and write up all the things.

20 I'm just wondering after all of that, can

21 you really count on the faculty to fill in as a

22 career services resource and as an academic

23 assessment source. It just seems like they're

24 overloaded. And, in addition, create scholarships.

25 DEAN BECKMAN: Let me address that from

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1 two perspectives. First of all, the majority of all

2 those things you talked about were faculty created.

3 They created them. They can change them. I mean,

4 they did. They got together and they talked --

5 DEAN BUTTERFOSS: That's not my question,

6 Dean. Did they overburden themselves?

7 DEAN BECKMAN: Well, you know, they will

8 assess that, obviously, because that's part of our

9 assessment in strategic planning. We talked about

10 those things. You know, strategic planning happens

11 in room like this. We all get together. We talk

12 about things like that. One of the things

13 interestingly enough that comes up is, we have a

14 policy that they have to have their exams graded in

15 10 days. They created it. Because that's a burden

16 so, you know, what's interesting is, it comes up all

17 the time. Because when we first started, I think

18 policy was 30 days. And they'll complain about it,

19 but they won't change it.

20 DEAN BUTTERFOSS: I'm not worried about

21 that. My question is: Is it legitimate for you to

22 point to the faculty, who look relatively

23 overburdened, as supplementing your career services

24 office, supplementing your academic success program?

25 DEAN BECKMAN: First of all, it's built

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1 into our process and it's what happens. In other

2 words, the reality is -- and you've been doing this

3 a long time, and so I know that you know that you

4 have students that come to you all the time about

5 career questions and career choices. I do too.

6 It's what really happens in school. And so it's

7 effective.

8 DEAN BUTTERFOSS: But I also know that you

9 wouldn't say, therefore, we don't have to hire any

10 Career Services people?

11 DEAN BECKMAN: And that's not what we've

12 done. We've hired two, all right, that was

13 evidenced in the record. And I'm not sure what the

14 benchmark is. The Standard says an active Career

15 Services Department. We clearly have an active

16 Career Services Department. I don't think there's

17 any disputing that. If you want to use a benchmark

18 then we say, well, let's look at other schools.

19 Well, you know what, I did. And I can

20 tell you what the numbers are at every fourth-tier

21 school that reported. I can tell you what they are.

22 And they range from one up to, I think it was John

23 Marshall Atlanta that has 11 -- but that's an

24 extreme -- but most have one, two, and three. Most

25 have one, two, three. And these are fully

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1 accredited schools with graduates. We have two, we

2 have no graduates yet, and because we constantly

3 assess and reassess, if we need to add three or we

4 need to add four, part of assessment and planning

5 process is that very thing.

6 I can tell you that my budget -- the way

7 our budget works is, we create a budget, sit down

8 with the CFO -- and this is all in the documents,

9 okay, our detailed process is in the documents --

10 and then that goes to Dr. Dawson and Dr. Dawson

11 presents that to the Board.

12 And I've never sat down with Dr. Dawson or

13 the CFO and said, you know, I've got to have four

14 people and they said, no. I mean, I have a reason

15 for it. But they don't, you know, if you've got to

16 have a person and planning says we've got to have a

17 person, then we hire the person.

18 DEAN MELDRUM: Could I, sir, if I may. As

19 it relates to the three classes that you mentioned,

20 while that's our policy that allows us to provide

21 that many courses for faculty without overload pay,

22 we never have exceeded that amount. We've never had

23 to pay overload pay. We've never asked anyone to

24 teach over that. And I have only one time had one

25 professor who taught three courses, and she sits

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1 here now because she asked me to allow her to teach

2 an elective that she really wanted to teach.

3 All of our faculty thus far have only

4 taught two sections at one time, and all of our

5 sections are very small. The largest class that's

6 ever been taught had 65 students; but most of our

7 classes, as you can tell by the size of our cohort

8 are very small, especially our writing courses and

9 ASP. Those run, I think, 20 students per class. So

10 the burden is a bit diminished because of the size

11 of the class.

12 I would also say that we have an

13 externship director as well because our externship

14 program dovetails into our Career Services because

15 many of our interns, we've turned into externship

16 placement. So the two of those folks work hand in

17 hand. So when asked whether or not we have more

18 than one professional in the Career Services

19 Department, no, at that time we had a Career

20 Services director; but we also have an externship

21 director. The two of those gentlemen work together,

22 as well as the faculty and administrator.

23 DEAN BUTTERFOSS: Do they have an

24 administrative support?

25 DEAN MELDRUM: They do. As a matter of

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1 fact, they do.

2 DEAN BUTTERFOSS: Dedicated to those

3 offices?

4 DEAN MELDRUM: Let me think about this.

5 No, I would say, no. We have one administrative

6 assistant per five faculty members. And they're all

7 pretty technologically savvy, so many of them don't

8 rely on the faculty assistants at all; others, as

9 you can imagine, rely upon them more heavily, and

10 then all of the administrators. I also have an

11 assistant as does Dean Beckman, so we don't rely

12 upon the faculty assistants to help us.

13 DEAN BECKMAN: And I've got to tell you,

14 as part of our assessment we try to evaluate whether

15 those positions are over-tasked and so we're always

16 looking, well, should it be one per four, one per

17 three, or one per -- one per five is a pretty good

18 ratio compared to a lot of law schools.

19 DEAN O'BRIEN: We'll go to Raymond.

20 DEAN PIERCE: Dean, I have oftentimes been

21 heard to say -- I may my surprise some of my

22 colleagues with this on the Committee and the

23 Council -- I oftentimes say that who I admit into my

24 law school is not the ABA's business.

25 DEAN O'BRIEN: Raymond, you need you to

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1 speak up, please.

2 DEAN PIERCE: I said, Mr. Chairman, that I

3 oftentimes say that who I admit in my law school is

4 not the ABA's business; who I pass into the second

5 year and who I graduate is. And I say that within

6 the context of the fact that I note that in some of

7 your documents here that you included my law school

8 with respect to LSAT scores. And it's fairly

9 accurate, and it's quite consistent with the

10 demographics of the population that we have bestowed

11 near Lincoln law school which, of course, is tied

12 and related to segregation of this country.

13 But I look at page 24 of your response and

14 refer to Findings of Fact 40, 41 and 42. Our

15 academic dismissal policy is, if you don't have a

16 2.0 grade point average, you've got to go. No

17 questions asked. No appeal. No nothing. If you

18 don't have a 2.0, you're out. And you have to sit

19 out a year. You can petition for readmission, and

20 the chance for getting in are very, very small.

21 I asked my associate dean of academic

22 affairs, I think in my first or second year as the

23 Dean of the law school -- they had brought a student

24 who at the end of the first semester had a 1.6 GPA

25 and the young man wanted to stick it out. I asked

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1 my associate dean, I said, you know, what are the

2 odds? He said, Dean, 1.7 is about it, because

3 usually by a person can -- they might be able to get

4 2.3, average it out and make it to the second year.

5 But I see you've given a 1.2, a person can actually

6 hit a 1.2 -- and maybe I'm reading this wrong -- a

7 1.25 and still have the chance of going into the

8 semester, unless I'm reading it wrong. I just want

9 to know.

10 I mean, what evidence do you have, because

11 you didn't say it in here, what evidence do you have

12 that students at a 1.2 or a 1.3, or anywhere, can

13 actually hit a 2.8 the second semester to be able to

14 even out and be able to come there next year. And,

15 actually, what my associate dean told me was true

16 because I'm in my seventh year now, and when I see

17 students with 1.6s, 1.7s, I tell them, you may want

18 to leave now so that you don't incur any more debt

19 and put yourself in a financial situation -- which I

20 feel I actually have an obligation to do. So, I

21 mean, what -- help me out. What do you ask?

22 DEAN BECKMAN: Sure. A number of things.

23 First of all, what we started with was what most law

24 schools have, which is only if you get a 2.0; less

25 than a 2.0, you're on probation. And we have that.

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1 You get less than a 2.0 after your first semester,

2 then you're on probation for one semester; if you

3 can't bring it up, then you're gone.

4 We decided that -- again, as part of our

5 assessment mechanism -- that there were numbers

6 below which students could measure. We had very

7 limited data, but we looked at the data. We looked

8 at the grades. You've had the benefit of a lot of

9 history, so now go back -- as you said, you asked

10 your associate dean -- go back and tell me what

11 works and doesn't work and he came up with a figure.

12 We looked at the limited data we had to

13 come up with a figure so that we could set a

14 particular score below which they're gone. We did

15 that based on the data that we had, and we assess

16 that every single year to see where students are.

17 They're constantly -- if they're below a 2.0, as

18 part of that academic support, they're constantly

19 counseled -- it could be their advisor, it could be

20 Dean Meldrum -- but there's constant counseling on

21 where they are, what their numbers need to be and

22 that sort of thing. We try to look at what

23 contributed to those grades.

24 I think once you admit them, you have a

25 really strong obligation to them, and we want to do

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1 everything in our power to make them successful.

2 They've got to be able to pass and they've got to be

3 able to pass the bar, and those are two different

4 things because we now measure outputs at the ABA

5 level. Passing the bar is critical.

6 On the other hand, we want people to have

7 a fair shot and make sure that we have done

8 everything. So they get that extra semester if

9 they're on probation, if they've exceeded the 1.25.

10 It may be over time that we find, you know, academic

11 support works from a 1.7, but it doesn't work at a

12 1.699, and we may revise those numbers.

13 But what's important, I think, is that we

14 look at our history. We look at our population. We

15 see whether we're effective in our population

16 because our population isn't your population. And

17 the things that you do in your school for academic

18 support that may be incredibly successful, may not

19 work at our school.

20 And I see, you know, my sister teaches at

21 Southern as an adjunct, and they're an APCU. And

22 she's been there now for many, many years. And I

23 talk with her about the academic support they have

24 there, and it's very different because, again, it's

25 a Southern Louisiana population that works for them,

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1 that may not work for the folks in the Appalachian

2 region.

3 So we try to do, you know -- what's

4 important is, I agree you. We've got to look at it.

5 We've got to see what works and doesn't work. Even

6 when people are kicked out, if they try to get

7 readmitted -- and that's one of the issues that's

8 been in all the documents -- you know, these people,

9 and I've got stats on every one of them, but these

10 aren't people with a 1.5. This is a 1.993. Does

11 that mean he should have been readmitted? Well, our

12 Committee had a hearing, listened to the evidence,

13 followed the policy, had specific findings that that

14 student met the criteria for readmission. So there

15 was no one below a 1.8, nobody that was readmitted.

16 So that's not -- I don't know that that's actually

17 in the record.

18 DEAN PIERCE: A 1.2, that not ground in

19 cement, you may change that?

20 DEAN BECKMAN: Absolutely. I don't think

21 you'd go down; but, yeah, absolutely, it could go

22 up. Absolutely, if our data shows that people with

23 a 1.6 -- because that's the beauty of our process.

24 And the other thing that folds into that is this.

25 We have a very unique ability. We could look at a

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1 student and say that student has done exceptionally

2 well on the assessment mechanisms daily, but bomb

3 the final.

4 Now, we've got to look and say, well, is

5 it because they don't understand what they're

6 learning or is it because we have test-taking issues

7 or is it because we have writing issues related to

8 exams. We have more data than -- and, again, its

9 only limit in scope is time -- but that's an

10 incredible tool that over time will get us to what I

11 hope will be a very accurate number with regard to a

12 cut score for existing students they can't make it.

13 I don't want to keep them in if they can't

14 make it, there's no question; here's the thing

15 though, I don't want to kick them out if they can.

16 And it's a fine line, you know. You may have kicked

17 somebody out with a 1.6 that could have made it; you

18 might have.

19 DEAN PIERCE: All the time.

20 DEAN BECKMAN: But we don't want to.

21 DEAN MELDRUM: Dean, if I could also say

22 at a 1.25, when we first opened our doors, we

23 didn't have an automatic dismissal. And just like

24 your associate dean spoke to you, I went to the

25 faculty and I said, we need to have a cutoff at

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1 which we don't give these folks an opportunity for

2 probation unless there's something extraordinary.

3 And what we found, we've never readmitted an

4 automatic dismissal.

5 We wanted to have, I guess that safety

6 valve in case something truly horrific happened

7 where this person actually had the capacity -- maybe

8 they had an automobile accident or were treated for

9 cancer, something like that -- but I'll tell you,

10 I've never seen it in the few short years we've been

11 there. We've never readmitted anyone who got

12 automatically dismissed.

13 And those few students who have been

14 readmitted, they were very close to the 2.0. And I

15 can tell you that I go back and forth to both the

16 Admissions Committee and the Readmissions Committee

17 and I tell them how these folks are doing that you

18 all saw fit to readmit -- let will tell you how

19 they're doing on their turning point, let me tell

20 you how they're doing on their midterms -- so that

21 they can make informed decisions, and we can learn

22 from them.

23 DEAN PIERCE: Thank you.

24 DEAN O'BRIEN: Did you have a question,

25 Pauline?

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1 MS. SCHNEIDER: I just wanted to follow up

2 on that point. Just note that, obviously, you have

3 an experiment going on here and you've got a lot of

4 things that had to take into account and a lot of

5 things you want to value, but there's so much data

6 on what or how successful a student is at certain

7 levels of performance. So even as you want to help

8 people, it seems to me that you're adding an

9 additional burden to the school to be willing to

10 accept or readmit or allow the student to remain at

11 1.25 when the chances are extraordinary that they

12 will be able to succeed.

13 The other point is, they're probably

14 incurring debt along the way and so it's sort of a

15 burden, an additional burden you're putting on the

16 student because if they get dismissed, they may be

17 fortunate enough to have gotten a grant or have

18 money to pay their way through law school but many

19 of them don't, and so they're going to have an

20 additional burden and they have failed. They have

21 failed out of school and they have the burden of

22 debt, and you're telling me they're in Appalachia

23 and their prospects for employment are very

24 difficult. So you're adding to -- you're creating

25 additional problems, it seems to me.

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1 DEAN BECKMAN: Well, I think that first of

2 all, we have to reflect upon the fact that many of

3 our students, we believe, fulfill our mission to

4 serve the people of Appalachia. And we believe that

5 they should have the opportunity for an education.

6 And we know these students and we get to know these

7 students. It's a small cohort of students, and we

8 get to know them at a very deep level. And we can -

9 - it's not to mean that we can devine whether

10 they'll succeed or not, but what we do is a great

11 deal of counseling with them. We do debt

12 counseling, a lot of it, so that they understand

13 what it means to be in debt. They've got to do it

14 from the beginning to the end. It's required that

15 they go to debt counseling, so they understand what

16 that means.

17 Again, there isn't a Standard that says

18 your cut score need to be -- if they don't get a 1.5

19 or a 1.7, you should kick them out. The question is

20 whether or not we meet the Standards as written, and

21 we do we. We do. Most schools don't have cut

22 scores like that. I don't -- I don't, you know,

23 we've looked at lots and lots and lots of academic

24 policies.

25 And there are schools, such Dean Pierce's,

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1 that have cut scores and there are many schools --

2 most schools do not; so it wouldn't necessarily be

3 fair to say, well, you've got to have a cut score.

4 I think that exceeds the Standards. That said, if

5 we need to increase it, we'll increase it. We

6 didn't have one; we said that we needed one, we

7 added one. We need to bump it up, we'll absolutely

8 bump it up if we can find, in fact, our students

9 don't succeed.

10 But the advantage that we have is students

11 actually learn earlier, in some cases. You think

12 about it. We've had students that at the end of

13 their midterms, they didn't well, they did poorly.

14 They may not have done well on the interactive

15 piece. And they've come and they've said, you know,

16 I'm not sure this is right for me. So we've talked

17 about it, like if it's not right for you, that's

18 okay. So we've had that happen. That's a huge

19 benefit.

20 When most of us went to law school, we

21 didn't know the answer until we got our final exam

22 grade halfway into the next semester. That doesn't

23 happen here. It doesn't happen at all. Does that

24 answer your question, ma'am?

25 MS. SCHNEIDER: Yes.

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1 DEAN O'BRIEN: Are there any other

2 questions? Okay. Dean, our timekeeper, Ms.

3 Schrage, tells me you have 39 seconds; if you need

4 up to two minutes, we certainly would be happy to

5 accommodate that, but it's time for us to ask you to

6 close.

7 DEAN BECKMAN: Thank you, Chairman

8 O'Brien, I appreciate that very much. I think that

9 what I need to say is that we are in substantial

10 compliance with each of the Standards, with a plan

11 leading to full compliance within three years. And

12 that's the bottom line. We do meet our burden. We

13 have met the standards. We've built a good school.

14 That's what I'm supposed to say.

15 What I'm not supposed to say is that the

16 decision that this body makes today will have a

17 profound effect on some phenomenal students, people

18 you don't know, you don't see; we do. We've met our

19 burden. It's your obligation to review all of the

20 facts. We've given them to you, review them, we

21 stand upon them and reach your decision.

22 Thank you.

23 DEAN O'BRIEN: Thank you, Dean. We'll ask

24 the Committee to remain in place as you show

25 yourselves out. Thank you very much.

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1 (Whereupon, Exhibits 1 through 18, plus

2 the two handouts were retained by the ABA as these

3 had been previoulsy provided electronically.)

4 (Meeting concluded at 1:15 p.m.)

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

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1 CERTIFICATE

2

3 I, Valerie R. Allard, do hereby certify that pursuant

4 to the Rules of Civil Procedure, the witness named herein

5 appeared before me at the time and place set forth in the

6 caption herein; that at the said time and place, I

7 in stenotype all testimony adduced and other oral

8 proceedings had in the foregoing matter; and that the

9 foregoing transcript pages constitute a full, true and

10 correct record of such testimony adduced and oral

11 had and of the whole thereof.

12

13 IN WITNESS HEREOF, I have hereunto set my hand this

14 8th day of December, 2011.

15

16

17

18

19

20 /Signed ____

21 Valerie R. Allard

22

23

24

25

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$

$100,000

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74:3

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e 93:5

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y 43:22

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9:11

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n 53:5

across

32:732:1151:23

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51:2455:1655:1772:277:16

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9:15

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allow 68:3

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65:1265:1766:11

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bachelor's

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Bambrink

9:9 9:9

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13:1262:564:3

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29:860:1666:9

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33:1033:11

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comprehens

ive 17:3

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concern

12:977:3

concerned

45:23

concerns

26:1226:1345:1550:6

concluded

15:994:4

conclusion

12:512:713:1013:1315:817:117:1917:2219:119:420:1422:9

conclusion

s

11:1711:1811:2362:764:2465:6

conditions

22:2044:1045:945:20

conducts

20:21

confident

23:1523:1723:21

connect

23:11

connects

23:2

consider

5:2520:120:226:9

considerat

ion

12:2373:11

considerat

ions

72:14

considered

6:3 11:912:22

consistent

12:2018:783:9

consistent

ly 10:9

consists

48:23

constant

31:2585:20

constantly

31:2034:1534:1540:2153:355:1880:285:1785:18

consulted

59:2360:360:6

contact

71:1572:6

context

83:6

contingenc

es 41:21

contingenc

ies

41:18

contingent

21:6

continue

17:1724:1828:135:1543:746:847:25

continued

14:2215:1

continues

18:1

continuing

18:1630:20

continuous

46:17

contrary

16:22

contribute

d

18:1285:23

control

26:23

convincing

ly 21:5

Cook

6:1938:342:169:23

copies

5:155:19

copy 5:13

core 10:10

correct

42:2543:166:767:2468:2273:1775:1575:1675:20

correctly

44:13

correlatio

n

19:2073:7

correspond

ing

11:1711:19

cost

32:132:13

costs

24:1124:1525:426:2332:3

Council

5:26:5 6:107:17 8:68:9 8:2011:520:520:1022:1222:1662:762:1262:2063:2268:969:182:23

Counsel

8:13

counseled

85:19

counseling

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16:1421:2021:2121:2222:152:385:2091:1191:1291:15

count

77:21

country

28:1331:2538:1744:1647:2151:2383:12

couple

30:2144:2574:4

course

30:1551:852:453:258:1259:772:2583:11

course-

level

54:13

courses

16:616:12

58:880:2180:2581:8

court 6:25

7:5 7:1111:621:361:2072:17

court-

appointe

d 49:25

create

56:1958:477:2480:7

created

24:1245:2257:1057:1678:278:378:15

creating

57:990:24

credential

30:22

credential

s

15:1216:1716:2216:2519:530:25

51:2456:774:24

criteria

18:2587:14

critical

33:2036:2047:1153:2186:5

criticism

19:9

culture

13:21

cumulative

17:1017:1275:875:1375:1975:2175:2476:1176:1376:15

curious

63:2370:4

Currently

44:3

curve

17:15

cut

56:1388:1291:18

91:2192:192:3

cutoff

20:1388:25

CV 71:4

cycle 38:2

40:2141:9

D

daily

13:1954:1755:1055:1288:2

data

45:855:155:255:1055:1555:1585:785:785:1285:1587:2288:890:5

date 46:16

Davis 7:21

7:2169:2273:15

Dawson

6:13

9:209:2222:1524:532:832:935:1143:1944:244:346:2050:480:1080:1080:12

day

31:1931:1933:1233:2153:1554:2254:23

days 78:15

78:18

DC 8:24

de 64:25

deal 34:22

51:2052:291:11

dealing

40:5

deals 41:6

41:7

dean 5:6

5:115:205:23

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5:24 6:66:9 6:156:186:22 7:17:78:58:68:88:99:19:19:39:39:79:7 9:109:149:1911:422:1422:1422:1823:2526:1826:2026:2126:2527:127:1329:1429:1929:2332:1033:2435:1936:336:1437:1638:239:2040:1242:1

42:1043:2444:645:1145:2446:2448:1550:850:2353:2554:1154:1255:1955:2059:2260:1261:361:861:1061:1461:1761:2162:1862:2363:463:863:1363:1464:164:1564:1865:1865:2266:1366:1766:2267:267:867:1067:1167:13

67:1567:1767:1967:2568:668:1068:2369:669:1169:1969:2169:2269:2369:2370:1272:2272:2473:473:673:1173:1673:1773:1773:2073:2373:2473:2574:574:674:874:974:1074:1174:1274:1774:1975:475:675:775:1075:12

75:1675:1775:2175:2376:176:476:576:876:1076:1376:1776:2076:2276:2476:2577:577:677:2578:578:678:778:2078:2579:879:1180:1881:2381:2582:282:482:1182:1382:1982:2082:2082:2583:283:2183:2384:184:2

84:1584:2285:1085:2087:1887:2088:1988:2088:2188:2188:2489:2389:2491:191:2593:193:293:793:2393:23

debt

23:530:532:2232:2333:333:733:984:1890:1490:2291:1191:1391:15

debt-

related

40:5

DECEMBER

5:3

decide

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57:872:2072:21

decided

56:1869:185:4

decides

72:22

deciding

70:11

decision

11:1168:1268:1868:2169:1571:2172:793:1693:21

decision-

making

22:5

decisions

89:21

deck 77:1

decline

66:566:7

declined

15:1316:18

declines

17:1176:9

declining

40:4

decrease

26:2

decreased

12:1215:4

dedicated

31:1682:2

deep 91:8

deference

11:2462:1362:1465:2

degree

28:649:749:971:2371:2471:25

degrees

49:749:870:2071:2472:3

Delegate

8:24

Delegates

7:20

delineates

14:14

deliver

10:521:20

delivering

54:9

demographi

c 23:19

demographi

cs

56:483:10

demonstrat

e

12:2513:313:2414:314:715:716:317:1620:16

demonstrat

ed 10:5

Dennis 9:3

35:2036:1

denying

47:4

department

13:1320:1720:2121:1321:1721:2334:2279:1579:1681:19

depending

52:5

describe

50:1062:1

described

36:8

design

42:8

desirabili

ty 47:4

desire

56:1574:20

detail

45:1763:8

detailed

41:480:9

determinat

ion 54:7

73:273:8

determinat

ions

18:9

determine

5:2117:835:1044:954:255:2356:358:1458:2158:23

determined

52:6

determinin

g

62:1073:10

developed

27:1452:25

developmen

t 51:21

devine

91:9

devote

52:11

difference

37:943:1

different

25:726:530:630:2135:741:641:2150:2455:655:2160:976:2386:386:24

difficult

90:24

diminished

12:1281:10

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direction

37:869:11

directions

41:641:18

directly

44:858:8

director

6:2015:1115:1715:1815:1922:838:158:1981:1381:2081:21

disadvanta

ged 10:2

discipline

46:4

discipline

s 46:8

disconnect

45:1345:19

discount

30:1630:1630:1730:2034:1935:135:336:16

42:22

discovered

56:25

discuss

59:18

discussing

73:7

dismissal

73:883:1588:2389:4

dismissed

19:819:1219:2289:1290:16

disputing

79:17

disqualifi

cation

18:21

disqualifi

ed 15:15

17:20

distinctio

ns 30:23

distinguis

hed 9:24

District

7:117:12

Division

7:14

doctor

15:21

doctoral

71:23

doctorate

28:9

doctrinal

16:556:2258:3

document

5:1367:7

documentat

ion

48:11

documented

10:7

documents

5:125:1511:819:1380:880:983:787:8

dollar

24:2532:332:16

dollars

23:557:4

done 25:25

29:2532:1733:2537:2

40:1641:341:1845:1660:660:1370:2379:1286:788:192:14

doors 68:3

88:22

double

40:11

dovetails

25:1781:14

downturn

43:11

Dr 6:11

6:139:209:2222:1524:527:629:1031:2232:832:935:1141:1043:1944:144:346:2050:463:1380:10

80:1080:12

driven

10:1826:22

drives

33:21

DSOL 13:15

14:115:117:617:2317:2520:11

Duncan 6:1

6:156:2110:22

Durham

8:188:1829:1736:144:645:1848:6

during

19:1450:1956:1057:157:2259:21

E

earlier

92:11

early

27:17

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30:243:3

earned

71:2371:23

East

31:742:447:1948:1049:1971:22

economy

23:123:923:1634:25

economy's

25:25

Ed 7:1

8:1473:1675:10

educate

52:9

education

9:2510:1811:1213:1328:948:153:1562:1971:2391:5

educationa

l 45:6

educator

71:22

effect

64:2493:17

effective

14:415:320:1734:1335:1037:737:737:1637:1837:1837:1837:1937:2538:741:1443:843:953:2354:354:856:1958:2479:786:15

effectivel

y

52:1152:18

effectiven

ess 43:7

efficacy

16:655:23

effort

32:134:8

efforts

21:2427:2127:2234:846:7

eight 20:6

either

14:569:11

elective

81:2

electronic

39:758:16

electronic

ally

5:145:1894:3

eleven-

and-a-

half

24:24

eligible

61:861:9

else

48:370:8

email

37:11

embedded

77:14

emphasize

50:450:5

empirical

45:859:17

employ

51:15

employed

21:1223:623:750:2261:15

employment

20:2347:648:1150:1850:2160:1861:461:961:1861:1990:23

empower

57:7

encompass

48:24

encompassi

ng 12:8

endowment

23:1724:10

energy

52:2

engaged

27:10

England

8:6

enroll

57:11

enrolled

56:1157:14

enrollment

12:1214:2215:215:517:1718:122:2370:3

enrollment

s 29:5

enrolments

29:3

ensure

12:2116:621:25

ensuring

10:611:12

entering

15:1216:1773:1874:24

entire

26:1542:2555:1655:18

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72:1273:12

entirety

70:17

entitled

11:24

entrance

15:1216:1716:2216:2530:2551:2372:22

environmen

tal 46:3

46:1446:22

Erika 7:13

35:20

especially

58:281:8

essentiall

y

55:2058:23

establishe

d 9:23

14:8

establishi

ng 66:25

establishm

ent

44:1145:10

evaluate

82:14

evaluates

14:10

evaluating

43:6

evaluation

10:1911:3

event

17:1017:12

everybody

34:547:1360:1960:2067:19

everybody'

s 37:5

37:6

everyone

57:17

everything

34:1639:2358:1764:1265:1171:471:872:686:186:8

evidence

5:1612:2414:1214:21

14:2515:615:2016:316:2017:627:1229:730:1850:1363:1164:2065:365:466:1984:1084:1187:12

evidenced

79:13

evidentiar

y 62:9

63:21

evinced

19:17

exact

60:22

exactly

36:7

exam 33:19

52:1052:1153:1854:1968:592:21

examinatio

n 68:19

examinatio

ns 10:10

examine

55:2

Examiners

11:262:262:862:1768:2

example

37:1565:1965:2265:2566:671:16

exams 52:8

52:1255:1358:258:578:1488:8

exceed

10:24

exceeded

80:2286:9

exceeding

11:13

exceeds

92:4

except

49:7

exceptiona

lly

47:1588:1

exceptions

54:23

exclusivel

y 19:5

21:22

exercises

52:1757:23

Exhibit

14:1314:1314:2416:717:619:19

exhibits

11:512:2422:1164:2167:494:1

exist

12:1512:1818:2244:1045:966:20

existence

45:20

existing

88:12

exists

12:1614:5

expand

22:19

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30:2054:12

expanded

30:1751:4

expect

67:2268:2068:23

expected

26:2

expense

26:24

expensive

28:13

experience

10:615:1115:1815:1934:2342:270:2172:16

experience

d 11:21

experiment

90:3

explanatio

n 39:21

explicitly

14:5

extensive

16:4

extent

23:12

externship

77:981:1381:1381:1581:20

externship

s 61:16

extra 86:8

extraordin

ary

18:1289:290:11

extreme

79:24

extremely

28:5

F

face 29:22

34:1151:19

facilitate

s 21:24

facility

32:2

fact 11:18

11:1911:2417:2218:1818:2424:1633:1142:650:560:1666:9

82:183:683:1491:292:8

factor

19:25

factors

12:2220:424:135:836:1546:1364:864:1070:970:2072:8

facts

10:2593:20

factual

11:2012:813:217:21

faculty

7:27:8 7:2118:1022:248:2251:2051:2256:2358:372:2077:677:8

77:1077:2178:278:2280:2181:381:2282:682:882:1288:25

fail 59:7

failed

13:320:1690:2090:21

failure

18:15

fair 30:10

40:1242:1086:792:3

fairly

24:1183:8

false

17:17

family

28:749:17

fast 40:2

fastest

49:20

favor

28:20

feasibilit

y

12:1012:1512:1712:1912:2144:844:944:1244:1444:2445:1445:1946:946:1346:1646:23

federal

20:157:463:17

feedback

58:13

feel 29:12

57:1984:20

fees 26:22

27:4

fell 44:17

59:3

fewer

23:1939:2340:1040:2541:241:1543:2074:4

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fields

10:11

figure

85:1185:13

figures

14:23

file

71:572:1276:7

files

70:16

fill 77:21

final

17:1954:1955:1388:392:21

Finally

20:1221:5

finances

22:2235:17

financial

10:1410:2423:1325:1825:1929:2135:2284:19

financiall

y 24:17

financials

24:2024:22

finding

12:1413:215:1616:1616:1817:1917:2120:1920:2021:1536:24

findings

11:1811:1911:2111:2412:813:613:813:1113:1415:1018:2462:162:562:1362:1663:263:1563:2064:565:165:165:565:1065:1365:1683:14

87:13

finds 62:7

fine 35:18

64:1788:16

firm

34:136:2239:18

firms

48:1948:2061:12

first 12:9

12:1413:1015:1616:1121:1530:531:1738:250:953:1255:2556:1057:2258:466:470:678:178:1778:2583:2283:2484:2385:188:2291:1

first-year

19:23

fiscal

10:6

fit 31:2

89:18

fitness

70:10

five 27:20

77:1382:682:17

five-

year

25:943:10

floor

22:1570:770:1370:16

focus

25:2045:1355:4

focused

11:1116:422:752:471:18

folds

87:24

folks

32:1939:1481:1687:1

89:189:17

forefront

10:17

foregoing

22:9

foreseeabl

e 35:16

forever

10:23

forget

60:7

forgive

65:23

form 5:17

forma

25:2343:1075:875:1376:19

formal

16:1217:2

formativel

y 58:14

former

11:842:445:2359:24

forth

89:15

fortunate

32:232:490:17

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Forty

73:24

forward

35:940:23

fourth-

tier

79:20

free 16:12

59:13

freebee

37:12

FRIDAY 5:3

friend

31:9

front

65:23

froze 32:7

32:10

fruitful

42:21

fulfill

91:3

fulfills

59:12

full

12:473:1874:1593:11

full-

time

61:1161:1861:19

fully 20:6

75:2279:25

fully-

funded

43:25

functions

20:2421:1

fund 27:11

27:2127:2227:24

fundamenta

l

51:1852:14

funding

30:12

funds

26:1027:25

Furthermor

e

11:2513:813:2414:2017:419:23

future

10:1935:1641:23

G

gap 59:3

gauge 58:9

General

8:13

generally

50:17

generated

19:21

generation

31:17

gentleman

60:1

gentlemen

81:21

Georgetown

8:21

getting

33:1133:2483:20

Giggets

8:128:12

Giles

9:5 9:5

given 5:10

23:1545:354:2568:784:593:20

gives

54:1662:1272:10

goal 75:2

goals

10:1513:16

13:1713:1813:2114:814:914:1014:1414:1514:1514:1614:1873:1874:17

Goldner

8:1 8:1

gone

85:385:14

gotten

61:1890:17

GPA

17:1017:1370:1971:2572:1473:1075:175:383:24

GPAs 70:21

grade

83:1692:22

graded

78:14

grades

16:13

52:2254:1485:885:23

graduate

9:2510:830:470:2070:2172:283:5

graduate-

level

72:1

graduates

48:868:480:180:2

graduation

70:22

grant

6:522:1368:969:290:17

granted

68:15

Grassley

47:9

great

34:1834:2237:337:1742:543:15

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45:1651:2052:291:10

greater

38:16

Greg

7:2367:12

ground

87:18

group

42:1477:14

groups

31:12

grow

28:228:25

growing

47:1949:2049:2250:2

growth

25:543:12

guess 54:9

74:177:389:5

guidance

66:15

guilty

31:7

H

half 37:8

halfway

92:22

Hamlin 7:2

hand 81:16

81:1786:6

handed

5:12

handing

5:9

handle

44:147:12

handouts

94:2

hands 77:1

hanging

49:11

happen

92:1892:2392:23

happened

38:440:1844:1544:1589:6

happens

41:2241:2343:2078:1079:179:6

happy

6:9 93:4

hard

31:544:1947:2047:22

harder

44:19

Harrogate

38:938:10

haven't

45:769:969:17

having

29:1847:12

head 36:25

hear 59:18

60:2468:20

heard

68:2569:982:21

hearing

5:175:2519:1429:1887:12

heavily

28:2082:9

help

9:1335:2

43:352:652:752:2553:153:2255:459:682:1284:2190:7

helped

42:257:4

helping

52:2

hereby

11:5

here's

37:465:2588:14

He's 6:14

Hess

6:1127:631:2341:1042:1045:2463:1363:1476:476:8

high 28:10

36:3

higher

25:228:8

36:6

highest

10:25

highly

30:2536:2371:14

hire 21:16

79:980:17

hired 34:1

34:2279:12

Hispanic

49:20

historical

25:24

history

9:2524:947:1456:172:1585:986:14

hit

35:2444:1947:2047:2247:2284:684:13

hold

40:153:1753:18

holistic

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71:20

honest

32:24

Honor

64:1965:2066:666:1767:2

HONORABLE

7:4 7:107:198:1829:1736:144:645:1848:661:2362:2463:663:1964:664:1665:765:2166:1166:2166:24

honors

43:1543:16

hope 17:17

23:759:1467:2174:388:11

hopefully

41:941:15

hopes

60:13

hoping

59:17

horrific

89:6

host 20:3

hour 77:12

hours

33:2177:1377:16

House 7:20

8:25

Howland

7:7 7:7

huge

42:160:2092:18

humanities

29:4

hundred

29:2

hypothetic

al 62:16

I

I'd 6:9

76:20

idea 37:5

ideas 37:6

identified

13:15

13:1640:845:464:9

identifies

14:814:8

identify

16:13

II 51:12

58:2559:7

III 51:12

I'll

9:1923:1124:125:1932:2337:1538:1650:2459:2263:463:466:171:574:2189:9

I'm 6:15

6:156:24 7:17:27:47:57:7 7:107:23 8:18:148:15

8:168:1621:1723:1424:924:2529:1131:736:739:142:2545:2355:459:1660:2363:1963:2366:170:472:1974:1575:1276:1076:1776:1877:377:877:2078:2079:1384:684:884:1692:1693:1493:15

imagine

82:9

immediate

6:13

immediatel

y 56:9

immigratio

n

49:1849:1949:21

impact

26:230:330:332:1532:1733:1333:1634:2535:542:2445:371:5

impacted

26:332:16

impacts

31:1932:1233:1

implement

43:8

implemente

d

40:1341:8

implementi

ng 36:8

implicitly

14:5

implied

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70:8

implies

15:1619:9

imploring

54:2

important

30:1530:2330:2432:2538:538:1240:1347:2352:157:757:1286:1387:4

importantl

y 59:12

improve

20:2231:2146:1860:5

improvemen

t 55:11

improving

13:1634:958:1

inability

18:13

inaccurate

16:19

inaugural

50:20

incapable

18:2

included

83:7

includes

14:1725:1027:2146:22

including

9:2515:2016:921:258:261:20

income

40:6

inconsiste

nt 11:20

13:1113:14

increase

14:1929:274:2074:2392:592:5

increases

27:328:229:4

increasing

49:1449:1575:1

incredible

25:525:588:10

incredibly

38:586:18

inculcate

17:17

incur

84:18

incurring

90:14

indeed

13:2246:21

independen

t

68:1768:22

indicate

18:1719:15

indicates

12:114:2517:6

indication

s 28:1

68:8

individual

16:571:2177:11

individual

ly 16:15

50:24

individual

s

30:2449:11

industry

44:20

ineffectiv

e

35:1036:1636:1836:2337:1438:238:1338:22

inevitabil

ity

43:21

informatio

n 5:21

13:2022:1024:2325:2439:439:539:1146:957:8

informativ

e 39:21

informed

9:1469:1369:1489:21

initiated

27:23

initiative

30:430:943:2543:25

initiative

s 30:1

30:1443:543:644:4

inputs

55:14

inquiry

16:1

insight

71:872:10

insist

10:12

instance

16:759:1

Instead

24:1275:23

instituted

35:13

institutio

n

12:2226:1126:1527:827:941:1241:13

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42:442:1146:146:246:2546:2548:555:1655:18

institutio

nal

11:1426:632:12

institutio

ns 42:12

47:1051:2254:1755:25

integral

10:20

integrated

27:7

intend

43:9

interactiv

e

54:2292:14

interest

43:16

interestin

g

31:1162:978:16

interestin

gly 38:6

78:13

internaliz

ation

53:6

Internet

37:11

interns

81:15

internship

s 21:2

21:361:16

Interpreta

tion

15:1015:23

interrupt

26:1853:24

interview

71:13

interviewi

ng 20:22

interviews

71:10

introduce

43:13

introduced

15:616:228:428:529:1

introducin

g 6:6

29:3

introducti

on 53:16

investment

75:875:1475:2476:11

involved

6:1727:1837:2257:19

IRAP 53:19

irrelevant

13:716:20

island

25:1428:23

isn't

23:2424:2577:686:1691:17

issue 44:5

57:24

issues

40:649:2151:1651:1852:1587:788:688:7

it's 19:13

22:23

28:2331:531:2332:532:633:1234:534:634:2337:1037:1137:1137:1237:1337:2438:1739:739:1239:2041:342:2445:2246:1247:2147:2349:1149:1749:2249:2249:2350:1552:153:753:858:858:2458:2559:1360:764:2565:1

66:766:766:1469:472:2278:2579:179:679:683:883:986:2486:2488:1690:1491:791:991:1492:1793:593:19

I've

24:831:235:1948:2064:1180:1280:1382:1387:989:10

J

jacked

40:10

Janda 60:2

Jane 8:21

Jersey

7:18

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Jim 6:13

60:2

Joan 7:7

job 21:3

jobs 59:21

61:11

John 8:5

79:22

Jonathan

6:16

judge

7:5 7:1115:21

judges

48:23

judgment

68:1868:2269:2

judicial

61:15

juris

15:2160:8

Justice

6:236:246:258:1961:22

justify

44:1045:9

justifying

45:20

K

Kansas

7:22

Kent 8:8

kick 88:15

91:19

kicked

87:688:16

kids 33:21

knowledge

53:553:653:7

known

34:18

Knoxville

34:1738:1438:1538:1838:18

L

lack 11:19

18:1763:10

lacking

53:13

lacks

15:1115:1815:18

lady 60:8

language

14:6

large 5:17

21:6

largest

81:5

last 24:20

27:1727:2540:1442:2343:251:351:460:1861:567:2069:2473:2074:4

late 5:8

42:2343:2

law 6:1

6:166:21 7:37:8 7:137:218:108:22 9:29:410:1610:2211:211:1012:112:2313:2215:117:1619:1820:721:2323:12

23:2325:1125:1626:726:1126:1327:1027:1927:2328:1228:1328:2228:2529:129:329:629:829:1531:133:533:1433:1934:434:635:1435:1842:1843:2244:1145:1046:1949:949:1052:2353:853:1654:1956:156:656:2159:15

61:1262:262:862:1771:1473:174:2376:982:1882:2483:383:783:1183:2384:2390:1892:20

Law/Boston

8:6

lawfully

47:7

lawyer

7:2453:953:2062:18

lawyers

33:1148:2449:4

lay 33:17

leading

93:11

learn

89:2192:11

learned

35:2336:9

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36:1536:2036:2137:2037:2138:138:638:1938:2038:2539:339:24

learning

39:2356:1258:1058:1160:1088:6

least 27:5

28:1256:1156:1777:12

leave

63:2084:18

leaving

63:12

lectures

53:19

led 36:11

legal

10:1811:1221:123:144:1744:18

45:647:549:1349:1550:1751:1651:2253:1562:1872:16

legitimate

78:21

length 5:8

Leo 8:16

less 84:24

85:1

let's

49:1352:1652:1653:155:255:555:967:1179:18

letter

37:1637:1737:1947:953:865:2366:268:1268:13

letters

70:2571:1

71:2

level

13:2223:1824:325:625:1826:626:751:751:870:2286:591:8

levels

25:1949:1190:7

liberal

38:2149:8

library

15:22

light

22:2022:2529:2156:18

likely

10:19

limit 88:9

limited

49:1685:785:12

Lincoln

6:2 6:116:14

9:229:2447:1483:11

line 26:21

88:1693:12

listened

87:12

Listening

39:20

literally

54:17

little

36:242:2359:559:659:18

live

31:633:2238:1777:13

lives 22:5

living

9:2332:1438:17

LMU

10:1511:914:2532:734:638:8

LMU's 34:2

34:18

38:838:20

localized

38:21

location

34:1734:1838:742:11

long

41:479:3

longer

18:2255:25

long-

term

47:147:11

lose 56:25

losing

56:9

losses

25:1125:22

lost

33:949:13

lot

28:1929:730:1131:431:1632:334:334:734:7

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35:738:2342:2042:2043:1847:2448:1848:1949:149:149:852:2054:2056:256:961:1072:1673:582:1885:890:390:491:12

lots 42:11

50:263:891:2391:2391:23

Louis 8:10

Louisiana

86:25

love 38:18

low

30:2535:171:1973:13

lower 36:4

36:536:536:10

lowest

31:2472:172:2

LSAC 19:21

19:24

LSAC's

70:14

LSAT 12:12

13:514:219:719:1019:1219:1619:2420:520:1220:1225:2528:1639:270:1871:1872:1373:673:974:1874:2575:383:8

LSATs

73:13

lucky 32:5

Lynch 9:3

9:335:2136:339:20

M

ma'am 50:8

53:2566:1392:24

macro 24:3

26:13

Madison

7:17

maintain

19:3

maintained

48:13

majority

19:1567:1578:1

man 83:25

managed

52:21

management

53:20

management

's 53:21

managers

53:23

manages

45:22

managing

35:17

mandatory

16:8

17:1555:12

manner

15:3

Marcantel

6:16

market

22:2039:139:139:1544:1745:945:2546:4

marketing

14:1827:1434:134:836:1636:2236:2236:2437:237:1039:1840:740:1441:741:1442:3

Marshall

79:23

Martha

60:1160:12

master

15:22

master's

71:24

material

5:9 5:1037:13

materials

36:2336:2537:1252:18

matriculan

ts 19:6

matriculat

e

53:1056:20

matriculat

ed 57:3

matter 6:3

54:2581:25

Maureen

9:722:17

maximum

16:676:18

may 24:4

24:530:2431:1333:1437:339:2447:449:1749:1753:13

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55:1770:2371:571:780:1882:2184:1786:1086:1286:1886:1887:187:1988:1690:1692:14

maybe 30:8

49:1656:1664:671:2084:689:7

McGregor

7:197:1961:2261:2362:2463:663:1964:664:1665:765:2166:1166:2166:24

mean 34:14

36:7

36:1737:138:840:340:1541:1947:1548:1748:1850:1269:1671:1174:1676:378:380:1484:1084:2187:1191:9

meaningles

s 32:25

means

13:1713:2014:814:1416:2538:2339:1353:1054:1869:2570:1891:1391:16

measure

54:1655:1485:6

86:4

measuring

54:14

meat 26:17

mechanism

45:1455:2285:5

mechanisms

52:2088:2

median

74:1875:3

medical

29:1

medicine

28:6

medium

47:247:5

medium-

sized

48:20

medium-

term

47:13

meet 10:24

18:1318:1520:777:1191:2093:12

meeting

5:2 5:9

6:4 21:794:4

Melanie

6:21

Meldrum

6:1954:1255:1955:2061:1467:1780:1881:2582:485:2088:21

member

5:147:228:158:1777:6

members

6:1011:418:1072:2077:1082:6

memorial

6:2 6:116:149:229:2447:14

mention

9:1011:3

mentioned

29:1031:2341:1051:173:2580:19

mere 17:22

merit 17:1

20:19

met

14:1033:587:1493:1393:18

methods

10:1850:1454:8

meticulous

ly 10:14

Miami 9:4

Michael

59:1659:2369:21

midterms

55:1289:2092:13

Mike 7:21

million

24:2425:344:375:975:1575:23

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mind

9:1360:2

Minnesota

7:8

minorities

31:13

minority

31:1372:5

minutes

9:1593:4

misinterpr

eted

66:866:10

misreading

75:20

mission

10:411:1420:220:1323:329:2029:2429:2430:431:244:645:548:848:859:1372:991:3

misspoke

43:14

misunderst

ood

21:19

mock 53:18

53:18

model

24:1430:730:746:154:2054:21

models

26:526:1030:635:241:19

moment

11:917:265:2467:1671:674:10

money

24:1633:234:737:1037:2357:290:18

month 33:1

33:9

monthly

13:19

33:3

mountain

31:931:1031:14

move

35:959:1961:22

moving

25:940:23

multiple

30:8

Murphy

7:237:2367:1367:2168:168:768:1668:2569:869:1769:20

myself

33:6

N

Nashville

32:2048:4

national

28:1134:5

nature

45:3

72:18

neat 33:16

necessaril

y

49:2250:161:1392:2

necessary

10:1516:135:18

net

25:1076:2

networking

42:15

networks

42:19

Neverthele

ss

20:421:10

news

32:633:1234:5

nobody

26:141:2387:15

nohow

34:23

none 19:21

Norberg

8:118:11

normally

40:11

North 9:2

Northern

7:12

note

83:690:2

noted

16:18

nothing

16:2140:1668:2583:17

notice

44:21

noticeable

27:3

novo 64:25

nurse 28:7

28:7

O

objective

11:25

obligation

26:1484:2085:2593:19

obligation

s 77:8

O'Brien

5:6 5:115:205:24

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6:22 8:58:5 9:1022:1435:1961:2167:867:1169:2173:1675:1082:1982:2589:2493:193:893:23

obtained

21:1

obtaining

50:17

obviously

26:1226:1450:2355:2168:1678:890:2

occasions

72:7

occurred

21:18

odds 84:2

offense

38:17

offered

16:1544:7

offerings

51:6

offers

48:361:19

office

77:1378:24

offices

82:3

oftentimes

82:2082:2383:3

Oh 29:23

Ohio 7:12

okay 41:22

55:455:963:1364:1665:2176:2280:992:1893:2

Oliver

7:107:10

one-L

50:19

one-on-one

51:1451:15

ongoing

45:2245:2446:3

46:17

online

77:14

on-one

22:4

onto 25:14

open 22:15

68:3

opened

88:22

opening

9:1611:1012:23

openings

20:23

operated

10:23

operating

24:1125:1175:18

operation

13:23

opportunit

ies 21:4

47:649:449:949:1050:3

opportunit

y

15:2548:249:2454:16

57:557:2389:191:5

opposed

36:19

oppressed

77:6

opt 28:18

option

71:9

order

35:19

organizati

on 68:7

oriented

45:19

original

75:775:13

O'Rourke

9:79:722:1826:1826:2127:129:1429:1933:24

others

48:1882:8

ourselves

25:15

outcome

10:17

outline

52:1764:2

outlines

64:3

outlining

52:15

outputs

54:1454:1655:1486:4

overall

27:928:3

overburden

78:6

overburden

ed 78:23

overload

80:2180:23

overloaded

77:24

overlooked

22:6

over-

projecti

ons

36:10

over-

tasked

82:15

overview

53:14

P

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p.m 94:4

packet

5:22

page 65:20

66:283:13

pages

19:20

paid

33:648:11

paralegals

72:17

participat

e 16:12

particular

23:345:558:1262:1265:585:14

particular

ly 45:4

partnering

49:12

part-

time

47:2461:11

pass

32:583:486:286:3

Passing

86:5

passive

36:18

past

8:1938:440:18

Paulette

7:16

Pauline

8:2389:25

pay 30:5

33:180:2180:2380:2390:18

peaks

75:25

peers

10:10

people

11:1031:331:431:1031:1031:1131:1431:1632:1333:1734:341:1246:1147:2447:2548:2151:14

70:1070:1173:1379:1080:1486:687:687:887:1087:2290:891:493:17

per

16:1043:1077:977:1281:982:682:1682:1682:1782:17

percent

29:237:437:637:761:1567:1769:2570:170:2

percentage

27:339:1239:1350:2067:14

perform

31:12

performanc

e 17:7

31:1590:7

performing

17:8

perhaps

21:556:1569:23

period

23:2342:25

periodical

ly 14:9

permitted

15:1420:2

person

21:1321:1621:1821:2239:572:2573:1280:1680:1780:1784:384:589:7

personal

71:371:971:1271:15

72:6

personalit

y 60:9

perspectiv

e

71:2077:5

perspectiv

es

60:478:1

pertinent

12:22

pervasive

51:24

Peters

60:1160:12

petition

66:2283:19

phenomenal

93:17

philosophy

53:477:1

Phoenix

7:20

photograph

s 5:16

phrase

12:1412:16

picture

64:1173:12

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piece

92:15

Pierce 9:1

9:167:1082:2083:287:1888:1989:23

Pierce's

91:25

placed

17:14

placement

60:1960:2161:281:16

placements

60:18

plan 10:13

12:314:1722:1922:2523:925:825:925:1625:1725:1726:426:527:1427:1535:1240:2440:25

40:2541:241:1741:2443:1045:1645:2174:2174:2375:293:10

planned

29:8

planning

12:712:1313:414:414:1214:2315:522:524:1625:725:1027:727:1930:130:1134:1339:2240:140:940:1440:2241:141:541:641:741:1742:9

45:2546:1546:1746:2174:2078:978:1080:480:16

plans

14:1114:1414:2121:1628:2434:1235:835:8

plateaus

76:676:7

plays 22:4

please

62:1563:1175:1183:1

pleased

21:17

plus 94:1

point

28:2233:2442:1964:1866:1467:377:1578:22

83:1689:1990:290:13

points

50:24

policies

17:518:418:518:618:719:419:2470:1491:24

policy

78:1478:1880:2083:1587:13

pool 28:18

poor 9:11

poorly

25:2592:13

popular

35:4

population

46:1047:1849:2056:467:2483:1086:1486:1586:16

86:1686:25

population

s 10:2

portfolios

58:16

portions

65:5

position

21:1421:2524:724:1165:3

positions

82:15

positive

18:2421:8

possess

15:24

possesses

18:18

possibilit

y 40:24

post 20:23

70:21

posted

21:3

postgradua

tion

61:19

potential

37:2237:2540:5

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power 86:1

practice

7:178:24 9:633:1849:1058:258:458:5

practices

70:15

practicing

7:2322:3

practition

er 28:7

pre 43:17

predict

41:23

predicted

19:22

predictors

73:9

prematricu

lation

16:9

premised

11:1712:8

preparatio

n 52:10

prepare

52:852:852:17

prepared

43:21

preparing

52:12

presented

5:1614:21

presents

80:11

President

6:126:1410:1210:21

press

33:10

pressed

44:23

pressures

29:21

presumably

14:3

pretend

56:23

pretty

56:2182:782:17

previoulsy

94:3

previous

43:1451:569:4

previously

5:1011:715:14

17:20

primary

12:967:6

print

37:11

prior

72:15

prioritize

d 43:6

private

7:168:23 9:531:2433:742:14

pro

25:2375:775:1376:1977:17

probably

38:1550:258:2270:290:13

probation

17:1484:2585:286:989:2

probative

42:8

problem

35:17

38:1153:21

problems

51:2490:25

Procedure

12:1664:2064:24

process

13:414:414:1614:2315:619:2521:2027:830:130:1141:445:1545:2546:1846:2152:1379:180:580:987:23

produce

12:1948:8

profession

23:144:1945:347:5

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al

10:110:910:1325:627:1028:638:2443:1862:1971:2281:18

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6:176:206:217:218:2169:2271:672:1173:1580:25

professor'

s 58:12

profile

14:1966:470:7

profound

93:17

program

16:417:318:318:1746:546:1847:2550:11

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51:155:2356:1957:1157:1457:1657:2057:2158:859:1159:2160:1477:978:2481:14

programs

10:120:2125:628:428:628:828:2435:1335:1438:2238:2338:2443:1143:1246:847:1054:656:1

progress

58:1558:21

progressin

g 59:11

project

40:140:943:1143:12

projected

35:2335:2435:2536:336:575:975:14

projecting

36:641:15

projection

25:2373:21

projection

s

12:1315:225:2328:2146:1070:374:675:18

properly

64:22

prospects

90:23

proud 10:4

prove 15:4

proven

12:124:16

proves

14:22

provide

10:1415:2517:2449:949:2451:1451:1580:20

provided

10:811:721:2245:167:594:3

provides

16:116:849:1053:14

providing

9:25

provisiona

l 6:2

11:1622:1366:2368:969:2

public

8:148:1732:6

pull 57:18

58:18

pulled

57:3

purported

19:7

purpose

12:2144:744:9

putting

37:1090:15

Q

qualified

15:20

quality

10:511:12

quantified

23:22

question

23:824:125:1926:1727:229:1429:1933:435:2143:1443:2048:750:950:1550:1654:154:1059:2060:15

62:662:1665:766:1870:1274:175:2276:1578:578:2188:1489:2491:1992:24

questions

22:1650:777:1577:1679:583:1793:2

question's

67:10

quickly

56:13

quite 9:11

83:9

quote 47:3

R

radically

76:14

raise 50:6

raised

27:25

raising

27:21

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27:2227:24

ramp-up

53:12

randomly

58:18

range

79:22

rate 30:16

30:1730:1730:2134:2035:136:1742:22

rates 28:9

35:3

rather

12:1614:618:348:13

ratio

82:18

Raymond

9:135:2067:982:1982:25

reach

93:21

reached

64:25

reading

54:554:6

84:684:8

readmissio

n

15:1418:418:618:783:1987:14

readmissio

n's

18:22

Readmissio

ns 89:16

readmit

18:1189:1890:10

readmitted

17:2387:787:1187:1589:389:1189:14

real 46:12

realities

23:9

reality

49:1479:2

realize

33:17

realizing

13:18

really

30:331:631:1833:345:2348:248:1952:653:457:463:2077:2179:681:285:25

reason

80:14

reasons

22:934:265:14

reassess

80:3

reassessin

g 31:20

Rebecca

6:24

recall

45:1

receive

61:1

received

60:1960:2173:5

recently

47:2

recession

44:16

recognize

47:1766:9

recognized

13:12

recommenda

tion

11:1620:1122:13

recommende

d 6:4

19:24

record

11:611:2012:113:915:1916:321:1427:1229:730:1831:2332:634:134:940:1554:560:160:765:365:466:2079:1387:17

recoupemen

t 27:11

recruited

56:5

recruiting

34:11

recruitmen

t

28:1542:2546:7

reduced

13:513:540:23

re-examine

13:20

refer

61:2563:1783:14

reference

66:270:2571:171:2

referenced

19:19

referral

39:339:14

referring

14:24

reflect

91:2

reflected

16:7

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33:25

regard

16:217:218:624:324:650:2551:855:1660:1564:364:465:588:11

regarding

12:1718:2520:1470:14

regardless

47:351:2370:7

regards

62:7

region

31:531:631:843:1647:2148:348:1348:1648:1648:2448:2587:2

regularly

13:1548:21

regulation

20:2

Reid

6:2171:672:11

reject

22:1262:3

related

12:614:1828:383:1288:7

relates

80:19

relationsh

ip 19:7

relative

27:17

relatively

78:22

reliable

12:3

reliance

16:25

relied

24:10

rely 61:25

64:864:1365:1282:8

82:982:11

relying

62:22

remain

90:1093:24

remaining

9:19

remains

29:24

remedial

57:14

remediate

34:1234:1635:8

remediated

34:24

remediatin

g 14:16

remedied

18:21

remember

54:1464:15

repeatedly

14:3

replete

15:19

replied

62:1663:11

reply

61:24

report

19:2021:1761:2462:362:462:1362:1863:264:465:1065:1369:18

reported

79:21

reporter

11:7

reporters

72:17

reporting

19:10

reports

10:766:19

representa

tion

49:1349:15

representa

tive

7:147:17

reputation

38:2038:21

request

22:11

require

44:14

57:17

required

10:2416:1259:769:1377:1177:1391:14

requiremen

t

12:2014:577:17

requiremen

ts 12:17

18:14

requires

12:1914:715:415:23

research

56:3

research-

based

46:18

reserve

9:1944:4

resource

77:22

resources

35:17

respect

22:2268:1883:8

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respectful

ly 22:11

respective

10:11

respects

24:13

responded

44:23

response

47:961:2383:13

rest 48:22

63:22

result

25:1528:2536:13

resulting

18:20

retained

94:2

retired

7:20

retiring

46:11

reveals

19:21

revenue

15:226:2329:576:2

review

11:2512:1020:3

32:1240:2158:1968:1570:1077:1993:1993:20

reviewed

68:10

reviewing

20:3

reviews

17:758:2077:18

revise

13:2043:986:12

revised

73:21

rigor

10:23

rigorous

56:21

road 59:25

Robinson

7:137:1350:750:953:2454:159:1460:1160:2561:6

61:9

role 22:4

room 78:11

rubric

58:20

rule 12:16

12:1812:1813:113:7

Rules

64:1964:23

ruling

69:5

run 81:9

RUSSELL

66:1766:2267:2

Ruth

7:1935:20

S

SACS

62:762:17

SACS-COC

62:163:2

safety

89:5

Saint 8:10

salaries

32:18

sample

57:2372:15

sands

23:1523:21

sat 80:12

savvy 82:7

saw 29:2

89:18

scan 46:15

46:22

scans 46:3

scheduled

21:7

Schneider

8:238:2390:192:25

scholarshi

p 36:17

scholarshi

ps

35:435:577:24

school 6:1

6:156:21 7:37:98:9 8:229:29:410:1610:2211:10

12:112:412:1912:2313:313:2314:715:2316:116:816:2317:1618:418:1419:219:1821:2323:323:1223:2325:1126:726:1126:1427:1027:2328:1228:2228:2529:129:229:429:729:929:1631:131:2433:633:734:334:5

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34:635:1435:1838:2239:1139:1642:1843:2344:1145:1045:2045:2146:1949:752:2252:2252:2354:1956:2162:2068:473:174:2379:679:2182:2483:383:783:1183:2386:1786:1990:990:1890:2192:2093:13

schools

10:1318:820:7

28:1328:1732:435:439:139:946:151:2554:2056:256:671:1476:979:1880:182:1884:2491:2191:2592:192:2

school's

12:2514:1915:125:1627:20

Schools

11:111:2363:18

Schrage

7:257:259:1793:3

Schwartz

59:17

science

15:22

29:3

scope 88:9

score 10:9

19:1620:1371:1985:1488:1291:1892:3

scores

19:619:719:1119:2520:520:720:1270:1971:1875:183:891:2292:1

Scott 8:11

second

5:1512:1113:213:1316:1623:1126:1927:129:1950:1557:1059:883:483:22

84:484:13

Secondly

56:6

seconds

93:3

Section

8:24

sections

81:481:5

sectors

27:18

seeing

29:441:1141:1255:11

seeking

61:13

seems 22:6

77:2390:890:25

seen 35:19

41:1042:689:10

segregatio

n 83:12

Self

67:367:6

self-

assessed

56:17

sell 39:5

selling

38:7

semester

16:1117:758:458:958:1959:877:983:2484:884:1385:185:286:892:22

Senator

47:9

separate

5:12

September

6:4

serve

11:1048:1050:1267:2167:2372:991:4

service

33:233:839:439:1448:1270:23

services

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15:2416:220:1720:2120:2521:1021:1321:2422:845:545:645:746:1948:2154:977:277:2278:2379:1079:1579:1681:1481:1881:20

serving

11:13

session

37:6

seventh

84:16

shaking

36:25

shaping

22:4

share

33:17

she's

86:22

shift

48:1649:4

shifting

23:1549:2249:23

shifts

23:19

shingle

49:12

short 47:1

70:989:10

short-

circuit

64:7

short-term

47:12

shot 86:7

showed

24:24

showing

38:2262:21

shows

87:22

shrinking

48:1749:2350:1

shrunk

48:12

significan

t 37:9

significan

tly

27:1636:4

similar

31:1542:1656:7

simply

23:1047:7

single

33:941:385:16

singularly

52:4

sir 5:23

67:1668:668:2469:769:1971:1774:2276:2480:18

sister

86:20

sit 80:7

83:18

Site 10:16

11:311:2113:1420:2521:662:362:1362:1863:1

64:465:1065:13

sits 80:25

situation

24:1284:19

six 12:8

15:1417:2017:2318:22

size 42:10

43:2381:781:10

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34:2352:5

skills

20:2252:2353:13

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small 34:3

38:2139:1239:1339:1642:1142:1448:2081:581:883:2091:7

smaller

43:23

socioecono

mic 10:2

solely

22:771:18

solid

29:24

Solomon

7:10

somebody

34:2288:17

somehow

40:3

someone

77:5

somewhat

40:10

sorry

60:1366:175:12

sort

24:326:1636:1285:2290:14

sought

60:1961:4

sound

17:2519:320:1822:124:18

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sounds

40:6

source

77:23

sources

62:2263:12

south 7:14

32:2048:5

southern

10:311:111:2263:1867:2286:2186:25

speak

29:1736:275:1083:1

speaking

9:129:13

specialist

71:24

specific

13:1614:1418:2427:2235:2236:1266:171:1687:13

specifical

ly 14:17

14:2417:518:827:939:659:1559:1667:374:22

specificit

y 60:23

specifics

64:264:4

spend

24:15

spent 34:6

34:7

spoke

88:24

stability

10:6

stabilized

48:14

staff 7:25

8:7 8:119:9 9:14

stages

30:2

stand

93:21

Standard

12:612:1514:6

14:715:315:715:916:2116:2116:2219:220:1521:1179:1491:17

standardiz

ed 19:6

standards

10:2010:2511:1312:315:1317:517:917:1417:2518:918:1618:2344:1450:562:1162:2163:963:1663:1763:1768:1791:2092:493:1093:13

standing

19:17

start 9:11

24:355:1057:21

started

6:8 36:855:2257:2178:1784:23

starting

32:1843:15

starts

34:434:653:1053:1175:2577:10

state 8:19

stated

17:248:8

statement

71:3

States 7:5

7:1144:20

statistic

74:23

stats 87:9

stay 67:23

72:5

Stephanie

8:12

steps 45:7

stick

83:25

stigma

57:13

stories

44:25

strange

40:7

strategic

12:712:1313:414:414:1114:1214:1414:1714:2014:2315:522:1922:2523:925:1625:1625:1727:1427:1527:1930:1134:1343:543:1043:2443:2544:445:16

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45:2145:2546:1546:1746:2174:2074:2175:278:978:10

strategies

42:2043:854:254:3

strict

20:12

strong

17:1585:25

stronger

57:18

struggled

52:14

struggling

23:1450:1354:455:355:555:17

student

7:1315:2516:1517:817:1117:1318:11

18:1818:2420:2221:121:928:1532:2133:1433:2037:1938:1254:2356:760:1874:2483:2387:1488:188:190:690:1090:16

students

10:915:1516:516:916:2317:1817:2117:2318:119:819:1019:1219:1519:2220:1820:2421:721:8

21:2121:2522:623:423:2026:826:928:1830:331:1731:2132:1634:1135:637:2139:239:1039:2340:1040:2541:141:241:1542:1642:1743:443:1843:2050:1250:1650:2051:1651:1852:1052:1452:2052:2553:1053:2154:455:17

56:456:1056:1257:157:1157:1857:1858:758:1759:359:759:1659:2059:2060:2061:161:161:1161:1767:1467:2368:1970:571:1077:1177:1279:481:681:984:1284:1785:685:1688:1289:1391:391:691:791:792:892:10

92:1293:17

student's

17:717:1017:1218:1318:1518:2122:2

Students

16:1128:1857:13

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stuff

40:17

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classes

51:11

subject

54:24

submit

39:846:20

submitted

5:1419:1424:1964:2064:2173:21

subparts

70:5

subsequent

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50:21

substance

55:755:8

substantia

l 12:2

62:2163:1065:265:466:2593:9

substantia

lly

28:1162:10

substantiv

e 71:1

71:2

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15:2519:1890:1291:1092:9

succeeding

17:18

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13:1715:1115:1725:642:550:1150:2551:1151:1251:1253:9

54:456:157:1157:1358:758:2077:378:24

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10:1327:2431:150:1757:686:186:1890:6

successful

ly 18:2

sufficient

12:2515:615:2416:317:1663:2466:1974:2

sufficient

ly 13:3

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60:2

suggest

44:1845:869:169:9

suggests

14:1

48:11

summativel

y 58:13

summer

50:1950:2159:2160:1861:261:5

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g 77:10

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ing

78:2378:24

support

10:1510:2411:2015:2416:2317:2123:1426:1127:2028:2529:635:1335:1543:2246:848:1265:665:1166:2274:281:2485:1886:11

86:1886:23

supported

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52:793:1493:15

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sure 6:9

23:2526:1026:2029:1239:150:2354:1160:2361:363:464:165:1974:1174:1376:1479:1384:2286:792:16

surplus

24:25

surpluses

10:7

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82:21

surprises

41:20

sustainabl

e 27:5

29:1129:13

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system

53:1453:16

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8:8 8:8

T

Tab

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tailor

60:14

tailored

17:3

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55:4

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taking

58:9

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73:6

talk 48:20

66:378:1186:23

talked

71:1778:278:478:992:16

talking

39:2551:2051:2274:1576:176:276:376:10

target

39:239:1743:17

targets

74:18

taught

80:2581:481:6

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31:1853:1880:2481:181:2

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86:20

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15:2158:4

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82:7

technology

53:1754:22

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d

68:1169:17

ten 26:9

77:16

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5:18

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37:13

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11:221:231:732:19

33:2234:1738:938:1038:1438:1542:547:1947:1947:2048:1049:1961:2062:262:862:1767:1467:1867:2367:2468:168:471:22

tension

39:22

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6:19

term

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terms 13:2

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testifying

64:13

testing

34:2

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taking

88:6

thank 9:22

22:1422:1469:2089:2393:793:2293:2393:25

that's

24:1124:2326:2530:830:1330:2332:433:133:334:934:1434:1935:336:2036:2037:937:2038:438:438:1839:17

40:1840:1941:1645:1148:248:448:654:954:1558:2360:164:1664:1767:1967:2067:2571:1471:1574:374:1675:475:1676:2278:578:878:1579:1179:2380:2081:587:787:787:1687:1687:2388:992:1792:1893:1293:14

themselves

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14:2178:6

theoretica

l 50:10

theory

58:10

thereafter

16:11

therefore

79:9

there's

5:2323:2527:730:1130:1733:1735:1638:1645:1849:849:1849:2550:254:2265:266:570:572:2072:2377:1477:1779:1685:2088:1489:290:5

they'll

48:25

78:1891:10

they're

11:616:2431:1431:1649:449:1649:1854:2456:1358:958:1058:1458:2159:1065:1669:1572:1777:2382:685:1485:1785:1785:1886:986:2188:589:1989:2090:1390:1990:22

they've

58:1786:286:286:991:1392:15

92:15

thoughtful

24:1525:3

three-hour

16:10

throughout

48:24

throw

61:14

thus 11:23

12:1713:515:316:2481:3

thwart

20:13

tie 73:1

tied

16:558:883:11

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30:13

timekeeper

9:1793:2

timeline

69:12

timely

15:2

title

10:10

today 44:7

64:22

93:16

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top 10:9

topic

76:23

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total

35:24

towards

26:13

track

60:16

Tracy 9:5

training

73:5

trampled

33:12

transcript

44:2154:6

translate

42:452:23

treated

89:8

treats

25:13

tremendous

43:1251:1

tremendous

ly 42:2

trends

22:2523:1

23:2

tried 56:2

triggers

68:12

trouble

29:18

troubles

45:2

true

13:619:1119:1324:1748:667:2569:1084:15

truly 89:6

try 24:1

26:2331:1941:2449:2453:1253:2282:1485:2287:387:6

trying

5:2141:2142:2048:24

Tucker

8:148:14

tuition

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26:2227:428:228:828:1232:132:732:1132:1332:1635:157:2

tuitions

31:25

turn

40:271:5

turned

25:281:15

turning

77:1589:19

tutoring

16:1451:1451:16

tutors

51:1352:3

two-L

50:19

type 73:8

types 60:8

60:10

typically

31:12

U

U.S 13:13

ultimately

43:19

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ed

39:839:11

unaudited

24:20

uncomforta

ble

57:15

undergradu

ate

23:1852:2255:2470:1970:2272:1373:975:1

underpinni

ngs

50:11

underserve

d 48:9

understand

22:2024:2331:633:737:254:566:1768:2

71:1475:2276:2588:591:1291:15

understood

31:1868:13

undertaken

45:7

un-

dollar

23:22

unequivoca

lly

10:21

uniformly

21:8

unique

24:724:1154:1587:25

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7:1144:20

units 27:8

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es 47:10

University

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University

's

6:1210:825:1726:329:1576:8

unless

39:565:284:889:2

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62:13

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d 15:17

unrealized

14:16

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71:14

updated

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67:5

upon

19:520:1222:1033:1242:862:162:462:1662:2263:1164:864:1365:1270:472:1472:2082:982:1291:293:21

up-tic

41:10

uptick

42:673:2574:2

usually

84:3

Utah 8:19

V

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value 62:9

63:2190:5

valve 89:6

various

21:134:10

vast 19:15

67:15

vein 20:1

verified

10:25

versus

31:12

Vice

6:12 8:18:8

violate

70:14

Virginia

9:6

virtually

22:2

vote 72:21

W

Washington

8:9 8:24

wasn't

22:2423:437:1737:1871:21

ways 30:21

38:2539:15

55:6

weaker

57:18

weaknesses

53:1

we'd

42:756:2257:21

week 16:10

16:1051:351:1053:1156:2157:157:957:22

weekly

13:19

weeks

56:10

weigh

28:20

welcome

6:229:18

we'll

6:722:1541:941:1567:871:1082:1992:592:793:23

well-known

39:16

we're

24:1424:1524:2225:325:1425:2130:630:730:830:930:2031:2032:232:433:1033:1034:934:1735:238:1439:1541:941:1141:1141:1341:2042:1542:1842:2043:1443:1855:1160:461:2164:765:1972:2173:2

82:1586:15

west 32:20

48:4

we've 5:10

25:527:1329:1829:2329:2429:2530:1430:1630:1731:2532:1732:1833:2534:134:2535:435:737:2039:1639:1740:1340:1640:1841:841:1041:1842:542:643:547:1551:552:2556:559:2360:660:13

69:1369:1472:873:573:2179:1179:1280:1680:2280:2381:1587:487:588:489:389:1089:1191:2392:1292:1692:1893:1393:1893:20

whatever

68:20

Whereupon

94:1

whether

13:716:116:2017:817:2518:329:1529:2035:1037:1037:11

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37:1137:1239:2244:1049:1157:558:1058:1458:2158:2460:562:1063:2273:274:281:1782:1486:1591:991:20

white 53:7

whole

25:1426:12

whom 22:3

who's 6:17

77:5

willing

24:2290:9

Wilson 7:4

7:4

wish 9:17

withdraw

68:869:4

withdrawn

17:12

wonder

22:1833:14

wondered

23:16

wondering

77:20

work 34:14

34:1547:2549:149:249:350:170:2472:172:472:1573:181:1681:2185:1186:1186:1987:187:5

worked

50:1456:356:8

working

34:7

workload

77:7

works

59:1459:1780:785:11

86:1186:2587:5

workshop

52:5

workshops

52:452:1652:25

world 40:4

worried

78:20

worrying

77:7

worthy

10:4

write

37:1751:1977:19

writing

51:1351:1651:1951:2452:252:358:1672:1581:888:7

written

58:1865:1691:20

wrong 25:1

37:884:6

84:8

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60:8

Y

yet 26:2

31:141:1448:1080:2

yield 66:7

yields

36:10

young

83:25

yourself

6:784:19

yourselves

93:25

you've

22:1922:2122:2427:432:1433:835:2337:137:139:2340:740:841:1766:868:2569:2479:280:15

83:1684:585:890:392:3

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