Examination Variances
Types of Variances
English as a Second Language (ESL) Variances
General Rules: Students for whom English is not their native
language can receive an ex-am variance according to the standards enumerated
below. Students seeking an exam variance must make their request to the
Assistant Dean for Student and Multicultural Affairs as early as possible in
the semester, but not later than the date published by OTR.
Exam Applicants: Accommodations provided for English as a second
language shall be applicable to any final examination, mid-term examination, or
hourly examination required for completion of a Law School course that is administered under timed conditions,
including courses offered by the Dispute Resolution Institute. Accommodations
for English as a second language will not be provided for essays, final papers,
and take home final examinations.
LL.M. Exam Variances: An LL.M. student who does not intend to pursue a
J.D. degree or take the bar exam in the United States, and who has not earned
more than 24 law school credits at Hamline Law School, is eligible for an ESL accommodation if he or she meets at least three (3) of the following
six (6) qualifications:
He or she has been a resident
of the United States for fewer than 7 years; He or she has completed a
substantial portion of his or her high school and college education outside of
the United States; He or she has completed a substantial portion of his or her undergraduate
or law school education at an institution where English was not the primary
language of instruction; He or she has received an “English as a second
language” accommodations on undergraduate examinations; He or she has received
an “English as a second language” accommodation on the LSAT; or He or she has
received a TOEFL score below 114 points on the Internet-based exam. Students
meeting the qualifications listed above receive an ESL accommodation according
to the following scale: 15 extra minutes per hour on Law School exams and a
bilingual dictionary for students who have earned fewer than 12 Law School
credits; 10 extra minutes per hour on Law School exams and a bilingual
dictionary for students who have earned from 12 to 18 Law School credits, and 5
extra minutes per hour on Law School exams and a bilingual dictionary for
students who have earned from 19 to 24 Law School credits.
J.D. Students and LL.M.
Students Who Intend to Pursue a J.D. Degree: A J.D. student and L.L.M. student intending to pursue a J.D. degree
or planning to take a bar exam in the United States is eligible for an ESL accommodation if he or she has earned 24 or fewer credits at HUSL or
at another ABA-accredited law school, and meets at least three (3) of the
following six (6) qualifications: He or
she has been a resident of the United States for fewer than 7 years; He or she
has completed a substantial portion of his or her high school and college
education outside of the United States; He or she has completed a substantial
portion of his or her undergraduate or law school education at an institution
where English was not the primary language; He or she has received “English as
a second language” accommodations on undergraduate examinations; He or she has
received an “English as a second language” accommodation on the LSAT; and He or
she has a TOEFL score below 114 points on the Internet-based exam. Students
meeting the qualifications listed above receive an ESL accommodation according to the following scale: 10 extra minutes per
hour on Law School exams for students who have earned fewer than 12 Law School
credits; 8 extra minutes per hour on Law School exams for students who have
earned from 12 to 18 Law School credits; and 5 extra minutes per hour on Law
School exams for students who have earned from 19 to 24 Law School credits.
Examination Accommodations, Religious Holidays
Students seeking an exam
variance for a scheduled exam on religious grounds must petition the Assistant
Dean for Student and Multicultural Affairs.
Other Examination Variances
Students seeking a variance on
grounds other than disability, ESL or
religious holidays must petition the Assistant Dean for Student and Multicultural
Affairs for a variance as soon as possible but, to ensure adequate levels of
service, no later than the dead-line for requesting implementation of exam
variances as set by the Office of the Registrar and, for emergency requests, in
no circumstance later than the start time of the examination.
The complete rules on exam variances can be found in the
Student Policy Manual 11.4.7 – 11.4.9. See
also Rule 11.31 in the Student Policy Manual regarding permitted and
non-permitted reasons for receiving an examination variance.
Variance Process
A student shall not be excused
from taking any examination on the date regularly scheduled except due to
extremely exigent circumstances, for which documentary evidence may be
required. Permission for taking a make-up examination must first be obtained from
the Assistant Dean for Student and Multicultural Affairs or his/her designee.
This rule also applies to any
anonymously-graded, non-final exam that counts towards the final course grade,
so long as written notice of the exam date(s) (by syllabus, online posting, or
otherwise) is provided by the first day of the course or the final day to drop
the course, whichever is earlier.
If approval is granted, the
student shall be required to take a make-up examination within two weeks from
the date regularly scheduled for the examination.
"Extremely exigent
circumstances" does not include the following circumstances: 1. conflict
with weddings, receptions, or similar special events; 2. conflict with travel
plans or reservations; 3. conflict with employment plans, opportunities, or
obligations; 4. examinations scheduled on sequential days or two examinations
scheduled on the same day; 5. permission of the instructor alone.
Students with disabilities who
may require some type of reasonable accommodation, including an exam
accommodation, should contact the Assistant Dean for Student and Multicultural
Affairs and make a formal request for accommodation to the University
Disability Services Office.
This variance process is discussed
in Rule 105 of the Academic Rules.