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Friday, December 20, 2013

ABA Sanctions, Fines Kansas for 'Willfully' Enrolling Students Prior to Approval of LL.M. Program

KansasThe Accreditation Committee of the ABA Section of Legal Education and Admissions to the Bar yesterday publicly censured Kansas and imposed a $50,000 fine for the law school's willful violation of Standard 105-1 and Interpretation 105-1(4) (requiring that a law school obtain acquiescence before making a major change, including establish a new or different program leading to a degree other than the J.D. degree) and Standard 308 (prohibiting a law school from establishing a degree program other than its J.D. degree program without obtaining the Council’s prior acquiescence) in establishing an LL.M. degree program in American Legal Studies and enrolling two foreign students (who paid $26,200 tuition) prior to applying for or receiving acquiescence:

The Committee considered the amount of the monetary penalty to be appropriate, given that the Committee found the Law School to have made misleading statements in the matter, by representing to the Consultant’s Office and to the Committee that the Program it was proposing to begin was merely a new concentration in an existing LL.M. Elder Law Program, when the admission requirements and purpose of the programs were different, and despite the fact that the University had informed the Law School that this was a new program for which Board of Regents approval was required. At best, the Law School’s conduct in that regard was grossly negligent. Moreover, the Law School demonstrated an absence of candor, when it failed to voluntarily inform the Consultant’s Office or the Committee that students had already been admitted to the Program and were enrolled in the Law School. The Committee also considered the amount of the monetary penalty to be appropriate, given the significant risk at which the Law School placed the students who were admitted to the Program prior to the Program’s approval by the Board of Regents or acquiescence by the Council. The Committee also was mindful of the necessity to deter the Law School and other law schools from disregarding the requirements of the Standards.

http://taxprof.typepad.com/taxprof_blog/2013/12/aba-sanctions.html

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Comments

KU still comes out ahead. Next year they should enroll a couple more LLMs and all will be well.

If I may ask, where are all these ABA fines going? What do they pay for exactly? The ABA's general operating budget?

Posted by: HTA | Dec 20, 2013 9:51:52 AM

Let me get this straight: law schools are in their worst crisis ever and the ABA is fining people for breaking a series of technical rules? Are they part of the solution or part of the problem?

Posted by: michael livingston | Dec 21, 2013 5:19:44 AM