Gavin Howe
The process of assigning grades to students by law professors has been a topic of discussion and debate. While professors have historically assigned grades based on predetermined standards, there have been concerns about the potential for arbitrariness and bias in grading. Some sources suggest that law schools should preclude professors from changing grades based on errors made during the grading process, while others propose a review procedure where students can appeal grades they believe to be unfair. The legality of grade changing has also been questioned, with court rulings indicating that administrators can alter grades without interfering with faculty members' rights. The final authority in grade assignment remains with the faculty, and the procedure should not substantially deviate from accepted academic norms to ensure fairness and impartiality.
| Characteristics | Values |
|---|---|
| Can law professors assign grades arbitrarily? | No, student grades should not be arbitrary or capricious. |
| Who has the final authority in assigning grades? | Faculty members have the final authority in assigning grades. |
| Can professors change grades after submission? | Yes, administrators can change student grades after faculty officially register them. |
| Can professors change grades based on errors? | Some law schools preclude professors from changing grades based on "errors", but they can change them based on computational errors. |
| What is the grade review procedure? | If a student is not satisfied with their grade, they can elect to have it reviewed by a committee of three students from the same class. |
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What You'll Learn
Law professors can change student grades after exam conferences
There are differing opinions on whether law professors should be able to change student grades after exam conferences. Some argue that allowing grade changes would reintroduce the possibility of biased grading, which blind grading in law schools was designed to eradicate. Additionally, it is speculated that allowing grade changes would lead to an increase in the number of exam conferences and the contentiousness of those conferences.
However, others argue that precluding grade changes can result in unfair situations for students, especially when there are errors in grading. For example, a student may have received a lower grade due to a mistake made by the professor, and not being able to change the grade would negatively impact the student's overall performance.
One suggested solution is to have a committee choose between the professor's grade and the student's grade, using whatever standards they consider fair. This could potentially reduce claims of biased grading and may not necessarily increase the number or contentiousness of exam conferences.
Another possible approach is to give students two options at the start of an exam conference: they can either choose to receive feedback without the possibility of a grade change, or the professor can seek a higher grade but will lower it if the student's performance warrants a lower grade. This approach provides students with more agency and allows for the correction of errors while also carrying a level of risk.
Overall, while there are valid concerns about the potential negative consequences of allowing law professors to change student grades after exam conferences, there are also situations where not allowing grade changes can result in unfair outcomes for students.
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Student recourse for unfair grading
Students sometimes receive grades they believe are unfair, and there are a few steps they can take to address this. Firstly, it is recommended to speak directly with the teacher or school administrator who assigned the grade. It is important to explain why the grade is believed to be unfair and provide any relevant evidence to support this claim.
If this does not resolve the issue, the next step is to seek mediation or alternative dispute resolution. This involves working with a mediator or arbitrator to find a resolution. If mediation is unsuccessful, students can then file a formal grievance with the school or district. It is often beneficial to seek the guidance of an attorney or education lawyer before proceeding with a formal complaint.
In some cases, where discrimination is believed to be a factor in unfair grading, students may be able to sue the school. However, this is generally only an option if the discrimination is based on illegal factors such as race, sex, age, national origin, religion, or disability, or if it is in retaliation for reporting or opposing such discrimination. Before suing, it may be required to file a complaint with the Department of Education Office of Civil Rights, and the statute of limitations for such a lawsuit is two years from the date of the act.
It is important to note that grades are ultimately at the discretion of the teacher or school and may not always be open to negotiation or appeal. The burden of proof lies with the student to demonstrate that the grade does not accurately reflect their knowledge of the course material.
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Grades should not be arbitrary
Grading in law schools has long been a contentious issue, with many arguing that grades are detrimental to the learning experience and that they are inherently arbitrary. The argument that grades are arbitrary is supported by several factors, which will be discussed in this response.
Firstly, it is important to acknowledge that grades in law school are often based on a single exam, which fails to account for students' overall understanding of the subject matter. As highlighted by a law professor, life events, health issues, or simply having a bad day can impact a student's performance on exam day, resulting in a grade that does not accurately reflect their capabilities.
Secondly, the subjectivity of grading, especially in essay-based exams, cannot be overlooked. Different professors may have varying interpretations of what constitutes an "A" grade, and their personal biases, moods, and fatigue can influence how they evaluate student work. This subjectivity can lead to inconsistencies in grading, even when multiple professors are teaching the same course.
Thirdly, the traditional law school grading system, with its focus on letter grades, can create a wide gap between students, fostering a competitive environment that may hinder collaboration and peer relationships. This system may also encourage students to play it safe and avoid challenging work, as they become more concerned about maintaining their grades rather than embracing academic risks and fully engaging with the material.
Furthermore, the lack of consistent feedback and assessment throughout the semester in law schools can make it difficult for students to gauge their understanding of the material accurately. Without regular quizzes, tests, or checks on learning, students are left guessing how best to allocate their study time, which can lead to inefficiencies and a skewed perception of their own knowledge.
Lastly, the grading process itself can be influenced by external factors beyond the control of the student. For example, a professor's personal life, energy levels, or even something as simple as their lunch choices, can impact how they grade a stack of exams. This introduces an element of arbitrariness that is unfair to students, as their grades may be subject to variables outside the scope of their academic performance.
In conclusion, the argument that law school grades are arbitrary holds weight when considering the various factors that can influence the grading process. While grades are intended to provide an evaluation of a student's performance, the current system falls short of ensuring fairness, consistency, and an accurate reflection of students' understanding of the material.
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Administration can alter grades without interfering with faculty's rights
The question of whether administrators can alter grades without interfering with faculty rights is a complex one. While there is a strong presumption that a faculty member's grades are conclusive, situations do arise where students may allege that a grade was the result of a prejudiced or capricious evaluation. In such cases, a mechanism for appeal should be available to review allegations of inappropriate criteria or procedures used in determining the grade. Ultimately, the decision to award a degree and the criteria upon which it is based are unique to the academic sphere, and courts generally abstain from interfering unless there is evidence of arbitrary decision-making, capriciousness, or bad faith.
In the case of Parate v. Isabor (1989), the court ruled that administrators do not have the right to force faculty to alter grades. However, it also stated that professors do not have a constitutional interest in the final grade received by a student. This suggests that administrators can change student grades after faculty have officially registered them without infringing on the faculty member's First Amendment rights. This ruling is concerning for faculty members who value their professional responsibility in evaluating student performance.
There are several reported cases where administrators have altered grades without the knowledge or approval of the faculty member. For example, in one case, an administrator changed a grade from a D to an A after the professor refused to comply with a coach's request to change the grade. In another case, a dean changed a grade from an F to a B over the decision of the instructor. These cases highlight the potential for abuse of power by administrators and the need for clear guidelines and appeal processes to protect both student and faculty rights.
While the courts have generally upheld the notion that faculty possess the fundamental authority in assigning grades, the Connelly decision established that students have protected property interests in their grades and can seek correction of unjust grades. This further complicates the issue, as it gives administrators the ability to undermine faculty and appeal decisions if they deem it necessary. Overall, while there is no clear-cut answer, it is essential to strike a balance between respecting faculty professional judgment and ensuring that students have a fair and unbiased grading process.
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Predetermined standards for grading
Standards-based grading (SBG) is a method of evaluating students that focuses on their learning and mastery of course material, rather than simply their completion of work. This system provides students with predetermined objectives and criteria, allowing them to understand the specific learning goals and standards they need to achieve.
In traditional grading, students are primarily assessed based on the percentage of work they complete, with higher completion rates assumed to reflect greater mastery and earning higher grades. For example, a student who completes 90% of the work might receive an A, while a student with an 80% completion rate would get a B. This approach can incentivize students to focus on accumulating points and completing tasks that raise their averages, rather than deeply engaging with the course material.
In contrast, SBG breaks down the subject matter into smaller "learning targets" or "standards". These targets are teachable concepts that students should master by the end of the course. Throughout the term, teachers track student progress on each target, provide feedback, and adapt their instruction to meet individual needs. Students are assessed on their proficiency in these targets through various activities, including projects, worksheets, quizzes, essays, and presentations. Teachers then evaluate the student's output and assign a corresponding mastery level, typically on a scale of 1 to 4. A score of 1 indicates little understanding of the concept, while a score of 4 represents exceeding the target. This approach ensures that grades are connected to the complexity of the material and the student's demonstration of mastery, rather than solely relying on completion rates.
One of the key benefits of SBG is that it provides clearer criteria for measuring mastery. Students are given the opportunity to persevere in the face of challenges and demonstrate their understanding of the material. Teachers can easily identify students who may need additional support and provide them with differentiated instruction to help them achieve proficiency. SBG also encourages a growth mindset, where students focus on learning and mastering the material rather than just earning a grade. It fosters a positive learning environment and helps students understand that intelligence and mastery are not set in stone but can be developed through effort and practice.
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Frequently asked questions
No, student grades should not be arbitrary or capricious. Grades should be assigned based on predetermined standards.
Yes, law professors can change student grades, but many law schools preclude professors from changing grades based on "errors" made during the grading process.
Yes, students can dispute their grades by appealing to the professor or the administration.
Yes, administrators can change student grades after faculty officially register them without interfering with the faculty member's First Amendment rights.
