National University of Ireland, Galway An Coiste Feabhais Acadúil The Committee on Academic Quality Improvement The Academic Quality Assurance Programme 2009 - 2010 REVIEW OF SCHOOL OF LAW NATIONAL UNIVERSITY OF IRELAND, GALWAY Final REPORT 14th April 2010 This report arises from a visit by a review team to the School of Law on February 23 rd and 24th 2010. The School of Law had already prepared and submitted a 'Self Assessment Report' that, with other documentation, was made available to the review team well in advance of the visit. The review team consisted of: Professor Neil Hutton, Strathclyde Law School, (Chair) Professor Blanaid Clarke, Law School, University College Dublin, Ms Jane Babb, Director of Trainee Programme, Arthur Cox Law Firm, Dr James Cunningham, Director, Centre for Innovation and Structural Change and Professor Agnes Shiel, School of Health Sciences Chair); NUI Galway acting as Rapporteur. Introduction In the time since the last review the School has had some notable successes. Student numbers have increased and students are positive about the programmes as evidenced by the numbers who choose to remain to take postgraduate programmes. The School has a public profile beyond it’s size and makes a commendable contribution to society both through staff involvement and the Clinical programme undertaken by the students. There was considerable evidence of enthusiasm, professionalism and energy amongst the staff which the panel acknowledges. The Self Assessment document provides a helpful and often frank evaluation of the challenges facing the school and describes a range of positive responses which have either already been implemented or are proposed. However the School currently faces major challenges similar to those being experienced by schools across the HE sector not only in Ireland but in the UK. The School continues to face leadership challenges despite the efforts of current staff to steer the school in a more positive direction. Given the pace of change both in the HE sector internationally and in NUI Galway, the review panel feels that there was an urgent need to accelerate the pace of change in the Law School. The Head of School is due to retire and there is no obvious succession plan in place. The core businesses of the School are to provide high quality legal education at undergraduate and postgraduate level, to lead and participate in high quality research and to engage with the local community. It is imperative that staff continue to contribute to all three but there is a particular need to take a more strategic approach to the integration of teaching and research. The Centres and the former department have not yet been able to work together as a single cohesive unit and the impression given is that the Centres continue to operate as independent entities. There are four main themes emerging from the Review which should receive priority attention from the School. The development of a distinctive international vision for the School. The need to build on the emerging leadership within the staff of the School and to plan for the successor to the current Head of School. The need for a more focused research strategy. The urgent need to integrate the research centres with the former Department of Law into a single school with a cohesive management structure. 1. Aims and Objectives The School has been formed recently and is at a relatively early stage of strategic development. The key achievements identified have been the restructuring (which is ongoing), the increases in programmes and in numbers of students, improved levels of staffing and the contribution of the Research Centres. Other points noted are the appointment of the Associate Heads of Teaching, Learning and Assessment and of Research and the appointment of the Tutorial Co-ordinator. In the Strategic Plan 2009-2014, the School has articulated aims and objectives clearly under a variety of headings, however, the School is still struggling to define a clear vision of what makes NUI Galway Law School distinctive and unique in national and international setting . The School needs to focus on those areas of strength which it wishes to grow and develop and those areas of activity in which the school ought to consider dis-investment. Such a focus will allow for greater coherence in terms of allocation of time, resources and effort of all the school. Benchmarking A national or international benchmarking exercise has not yet taken place. The School should now prioritise this work. It will enable the School to get a more accurate picture of the competitive environment and provide staff with a clear picture of how the NUI Galway Law School sits in comparison to other Law Schools in terms of such issues as workload, learning and teaching strategies and research quality. Recommendations An overarching distinctive and international vision for School needs to be clearly articulated Staff have made significant progress in the development of a more strategic approach to managing the work of the School. As the school evolves, it is essential that the Head of School receives the full support of all members of staff in developing and implementing the changes proposed in the strategy. The University should continue to review the relationship between Colleges and Schools and clarify the distribution of responsibilities and lines of reporting. An international benchmarking exercise must be completed as soon as possible. 2. Organization and management The School has made a good start in terms of developing management structures but despite this, there appear to be significant issues which have not been resolved despite the best efforts of staff. The different components of the School (Law and Centres) operate independently for the most part and staff are not clear about the implications of restructuring. The appointment of Associate Heads and Programme Directors is a positive one. However, as yet, Programme Directors have no real authority and do not have a structure to work within – for example; they do not meet on a regular basis. However, this role is new and will develop, given adequate support. The School is evolving and the different components are learning to work together but function separately at present. It was also noted that bureaucracy seems to have increased since the introduction of the School structure but this is a perception and there was no evidence to support or refute it. A number of staff are attempting to undertake PhD studies in addition to other duties and it is not clear to them the extent to which this is being supported by the school, college and university. Junior staff commented on the workload particularly in relation to teaching and administration and expressed concern regarding future promotion if they were not supported in completing PhD studies and developing a research agenda. There are three School meetings per semester but it was mentioned that the agenda for these is crowded leaving little time for longer term strategic discussions. There is clear evidence of collegiality particularly in smaller groups and amongst junior staff. Location The activities of the school are widely dispersed across the campus. It was recognised in the 2000 review that this dispersal hindered more cohesive and efficient, collaborative working and this continues to be the case. It is important to develop plans for co-location but these will take time to implement and in the meantime it is vitally important that despite the physical difficulties, the School develops immediate plans to work as a single unit. Staffing The ratio of junior to senior staff in the school creates leadership issues. There is also an over-reliance on contract teaching staff on core programme offerings. While this makes a vital contribution to the teaching of the School, it makes it more difficult to develop a more strategic and cohesive approach to learning and teaching. In discussion with staff, it appears that while some staff felt that the restructuring of the University was positive, many did not seem to understand the rationale behind the changes. There is a lack of clarity in the relationships between schools and college in particular. Resources The School is a net contributor to the University. Staff feel disappointed that the School has not been able to invest this surplus to develop the School. This is recognised at senior levels in the University. The challenge for the Law School is to demonstrate to senior management that the School has a clear vision and a strategy for achieving this which will justify investment. Management and Administration The three research centres seem to have very considerable independence from the former department. While there may be good reasons for this particularly in terms of research, it is not clear that this arrangement makes the best use of resources across the School’s activities. The School and College should develop plans to integrate the Centres and the former department within one month of the date of this report and these plans should be implemented within three months of the date hereof. The structure and role of the School Executive Committee needs to be clarified. Terms of reference for this group need to be developed and communicated to all School members. The function of the committee should be to develop a strategy (in alignment with the Institutional plan), implement the necessary changes and monitor progress. Individual members of the school executive committee will be required to take the lead on delegated activities in order to drive implementation of the strategic plan. Recommendations The School needs to implement a plan to work with the School of Business to strengthen the College. It is recommended that the School examine the potential of the clinical programme as a vehicle to drive the public policy element of the new College The recommendations of the Administration Review 2005 should be revisited. The informing principles underlying the review are endorsed and it is recommended these principles be updated and implemented within two months of the date of this report. A workload model should be implemented for the beginning of the next academic year and embedded into the culture of the School. This should include teaching, administration, research, PhD supervision duties, community and outreach activities. Staff Development. The School should introduce a structured induction and mentoring programme which becomes embedded in the culture of the school. Senior members of staff should undertake training as to how to assist their mentees most effectively. This could be done in conjunction with the University’s mentoring proposals. Furthermore, mentoring should be part of a more systematic approach to the development of junior staff. In addition, the HOS position should be supported by a mentor. The School should introduce a five year plan to facilitate staff undertaking PhD studies to plan their sabbatical leave. Regular (monthly) School staff meetings should be scheduled to nurture teamwork and collegiality across the School, share expertise and harness the energy and enthusiasm of all staff members. The schedule of meetings should be circulated to all staff in good time. Location The School in consultation with the College and the University should develop a plan to locate the School’s activities on a single site. It is recognised that this will take several years and that external funds are likely to be required. In the meantime, the University should examine the possibility of making additional space available to the School. Resources The University should establish an approach to resource allocation which enables cross subsidisation to be justified on more transparent strategic grounds. 3. Programmes and Instruction The Panel noted that there has been positive progress since the last review. The strength of the Clinical aspect of the programme is particularly commendable and it is acknowledged that the School is a National Leader in this aspect of legal education. The appointment of the Associate Head of Teaching, Learning and Assessment is seen as a very positive development. However, a number of issues regarding programmes have been identified. There are a variety of programmes and the rationale for the continuation of the three undergraduate pathways is not clear. CAO points and first preference choices for the programmes are declining and this is a source of concern in an increasing competitive national environment. There is heavy reliance on contract teaching and a significant commitment to service teaching. Teaching workloads are perceived as being high and timetabling is an issue with lectures being timetabled up to 10pm in some instances. Feedback from students is taken via a standard feedback form but it is up to individual lecturers whether issues identified by students are addressed and whether feedback on this is given to students. Some lecturers have undertaken the grouped student evaluations offered by CELT but again, lecturers are not required to report on the results of these to students. From the perspectives of the students interviewed, feedback on teaching overall was very positive with students commending staff on the standard of lectures offered and their availability and approachability. However, the timetabling issues were identified as problematic by students. The over reliance on examinations as a form of assessment was also mentioned and undergraduate students pointed out that attendance at lectures was not always seen by the students as essential. They suggested that other methods of assessment e.g. presentations and continuous assessment might address this. Other students questioned the progression from the undergraduate programmes to the LL.B programme suggesting that clearer direction should be given to prospective students. In particular, they enquired about the possibility of “core law subjects” being available at undergraduate level. There is scope for a radical review of how the portfolio of undergraduate education is comprised and delivered. Recommendations A Teaching and Learning strategy for the School should be developed and implemented. This should include the alignment of learning outcomes with assessment techniques. There is currently an over reliance on end of term examinations. The School should introduce a much wider range of assessment methods which measure the full range of learning outcomes including both substantive knowledge and transferable skills. The undergraduate portfolio should be reviewed to ensure that the most efficient use of teaching resource is being achieved. The School should examine the contribution of the clinical elements of the undergraduate programme and consider whether this element should be further developed as a distinctive feature of legal education at NUI Galway. The Masters portfolio should be reviewed to ensure that the programmes are sustainable and contribute to the overall strategic vision of the School The school should focus on increasing the number of non-NUI Galway graduates and of foreign students on the LLM programmes. Student feedback should be collected on each module / course. This should be summarised in a brief annual evaluation report with action points identified and made available to students in a more systematic way across all programmes. The University should consider the impact of the reduction in CAO points for the reputation of the School and University and balance this against the increased student numbers which bring additional pressures to the staff workload. Some further analysis of this reduction should be undertaken by the School in conjunction with the Director of Marketing. In addition, the School should activity engage in developing a schools visiting programme. The School should consider renaming the BA in Legal Science “the BA in Law”. This is likely to be more attractive to students and employers and easier to market. That course and the Bachelor of Corporate Law should include all of the core legal subjects The School should involve students more directly in marketing its programmes using them as ambassadors. Formal meetings of Programme Directors should be set up to ensure coordination of activities and that sharing and collaborative opportunities are exploited to their fullest. A formalised approach to Programme Development should be introduced. Programme Boards should be established for all programmes to support the Programme Directors and to provide both strategic and operational support in sustaining and developing these programmes. At present, Programme Directors do a lot of programme administration in some of the masters programmes. Clarification of roles and responsibilities is required and the type of administrative support that the school can provide to the Programme Directors. Transparency of teaching workloads across the school is required and front loading and back loading of semester should be considered. The School should review its policy on service teaching with a view to reducing the considerable teaching burden imposed on staff. Alternative methods of facilitating interdisciplinary research might be considered to ensure that the existing benefits of such collaborative work are not lost. Where possible modules should be shared across programmes to promote economies of scale. There should be greater clarity regarding career progression and further advancement for graduates. The School should consider increasing the BCL from 3 to 4 years. This would allow students to pursue a greater degree of options and to participate more fully in clinical modules. The School should set up formal avenues for regular staff / student liaison meetings. The School should ensure clear differentiation between undergraduate and postgraduate teaching. The School should review the issue of attendance among students and consider how best the problem of poor attendance may be addressed. 4. Scholarship and Research Research in the School is presented in two distinct areas – from the Centres and from the former Department of Law. The School has improved both the amount and quality of research output over the last ten years and a considerable number of staff is research active. There are some areas of distinctive excellence both in the Centres and in individual contributions. However, there is an urgent need to develop a more strategic approach to research in the School. There are no external standards applied and funding is dependent on the efforts of a few people who are very successful in attracting funds. Recruitment of PhD students should be a core responsibility for all staff and staff should be supported in developing their skills in supervision. The School has had little engagement to date with the Research Office and it was stated by some staff that their research focus did not sit easily within the University Strategy. As the University prepares to review research priorities, it is imperative that the School of Law contributes to the definition and development of the new strategy to ensure their interests are represented. The School should move towards developing clusters and building a critical mass around these. This does not mean that individual interests should be abandoned - there need be no conflict between individual scholarship and a move towards interdisciplinary research themes to which individual scholars contribute, but this is not always clear to staff who often see interdisciplinary as a threat to their personal area of research. There needs to be improved communication in this area. Recommendations The School needs to develop a more focused research identity. The School must act immediately to contribute to the shaping of the University plans for research, performance, measurement and mentoring. The School should initiate an audit of the research outputs of all School staff over a five year period. This exercise should be supported by one or two external international scholars who are qualified to make judgements about international research quality. The School must identify and agree standards of research output. This should set quality benchmarks which are disseminated across the School and used for staff development. Each member of staff should develop an individual research plan setting out most recent publications and detailed plans for research activity and output over the next 3-5 years. This should include short term and long term objectives. These plans should be monitored annually by the Associate Head of Research. Individual staff research outputs should be documented annually and published both internally and on the School Research website. Staff should be encouraged to identify research themes into which their work fits both inside and outside the institution, and to develop closer collaborative research networks. Research mentoring should be available for all staff. If necessary, external mentors should be approached. Support must be provided for staff (including contract staff) undertaking PhD studies. This should be factored into the workload model. The School should engage more actively with the Vice President for Research and utilise this resource as a means to support the School in the planning and implementation of its research strategy. The School should upload and maintain a specific page on the School Research website highlighting recent achievements. The School should encourage all qualified staff to attract PhD students. 5. Community Service There is wide evidence of support for community engagement, service learning and volunteering. The clinical placements are particularly commendable and were commented on favourably by both staff and students. This is a distinctive element of the teaching in the Law school in NUI Galway. However, this strength is not given the emphasis it deserves at present. It can be used as a marketing tool and is an aspect of the undergraduate programmes which will attract students from similar courses where such programmes are not offered. The University has prioritised Service Learning and support for development in this area is available through CELT and should be availed of to a greater degree. Individual staff in the School also make major contributions to the community and again, more emphasis can be placed on this too as an identifying feature of the School as a whole. Recommendations Clinical placements should be extended and developed further. To achieve this, more assistance in sourcing and supporting placements as well as administration support will be required. The School should emphasise the clinical aspect of the Programmes as a distinctive ‘selling point’ for students and employers. The School should emphasis and give greater visibility to staff contributions. The School should increase the involvement of CELT and the CKI in particular in programme development in Service Learning 6. The Wider Context In the context of resources constraints, it is critical that the School of Law develops further a unique national and international identity. This requires strong leadership in all aspects of its activities and different organisational approaches in supporting the development of a distinct identity. 7. Summary and Concluding Remarks The School of Law has made significant progress since the last review and now has a public profile beyond its size. The strength of the Clinical programme is particularly commendable and it is acknowledged that the School is a National Leader in this aspect of Legal education. There is wide evidence of support for community engagement, service learning and volunteering. In terms of research, the School has improved both the amount and quality of research output over the last 10 years and there are areas of distinctive excellence in both in the Centres and among individual staff. In light of the pace of change currently both in the HE sector internationally and at NUI Galway, there is an urgent need to accelerate the pace of change in the School of Law and a particular need to take a more strategic approach to the integration of teaching and research. Consequently, the Review Panel have identified four over-arching recommendations which should be addressed as a matter of urgency. These are: The development of a distinctive international vision for the School. The need to build on the emerging leadership within the staff of the School and to plan for the successor to the current Head of School. The need for a more focused research strategy. The urgent need to integrate the research centres with the former Department of Law into a single school with a cohesive management structure. Comments on the Methodology of the Review Process The review process involved two distinct elements – the report produced by the School and the process undertaken by the Review Board. The report from the School was produced by a committee of School staff. The report was presented using the structure recommended by the Quality office. Methodologies used to gather the data were not clearly described in all cases but included a SWOT analysis and collation of data regarding student matters (CAO points, numbers of undergraduate and postgraduate students, staff details in relation to teaching and research activity, publications, grants awarded and detailed accounts of all undergraduate and postgraduate taught programmes. Less data were provided on the activities of the various centres and the Irish centre for Human Rights provided a separate self assessment as the Centre recently underwent an independent review. The report produced by the School was detailed and addressed all aspects of performance recommended by the Quality office. The self assessment undertaken by the School took a descriptive approach as opposed to an evaluative approach. For example, publications were listed under categories but research criterion were not set out or rated in any way. Similarly, teaching commitments were summarised and did not provide a clear indication of individual teaching workloads in some cases. The review group met briefly on the evening of Monday 22nd February. Professor Neil Hutton agreed to chair the Panel and the documentation was reviewed briefly and an initial ‘brainstorm’ of issues raised from the documentation was carried out. This served to focus the attention of the Panel on issues which required clarification or further information and which could be raised over the following two days. The process undertaken by the review group on 23rd and 24th February used a range of methodologies. These included – Meeting with Head of School Presentation on self assessment by Head of School Interviews with Senior School staff Group meetings with Programmes Directors and Associate Heads Individual meetings with all staff wishing to meet the Panel Meetings with groups of students – undergraduate, postgraduate and research Meeting with the Administrative Officer Meeting with Administrative staff Meeting with the Vice Dean for Research Meeting with the Director of CELT Meeting with Head of College All interviews and meetings, with the exception of those with staff who wished to meet the review Panel, were recorded by the Rapporteur. A large number of individual staff wished to meet the Panel and two parallel sessions were necessary. Notes on these sessions were taken by Panel members where appropriate. The approach taken by the Panel to analysing and summarising the information was evaluative rather than descriptive and led directly to the recommendations made in the body of this report. Copies of the notes taken during the meetings and interviews were printed and provided to each member of the panel. An initial rough draft of the report under the headings recommended by the Quality Office was provided by the Rapporteur. Draft recommendations were made by the Panel on the basis of information and themes identified from the interview and meeting data and from discussions among the Panel on the basis of these data. Initially, each member of the Panel took one heading (e.g. organisation and management) and drew up draft recommendations based upon the themes, issues raised from the initial ‘brainstorm’ and the interviews and meetings over the two days. These initial recommendations were then discussed by the Panel and the main areas to be addressed were summarised into four main points and fed back to the School on the last day of the review. The initial draft of the report was prepared by the Rapporteur and sent to the Chair of the Panel for review. Following this review, the draft report was circulated to all members of the Panel for comment and feedback. The final draft incorporating these comments and feedback was then circulated and agreed by all Panel members. Professor Neil Hutton (Chair) Professor Blanaid Clarke Ms Jane Babb Dr James Cunningham Professor Agnes Shiel (Rapporteur) (14th April 2010).