AMERICAN BAR ASSOCIATION
ADOPTED BY THE HOUSE OF DELEGATES
February 14, 2005
RESOLVED, That the House of Delegates of the American Bar Association concurs with the decision
of the Council of the Section of Legal Education and Admissions to the Bar that Western State University
College of Law, in Fullerton, California, be granted provisional approval.
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Report
Western State University College of Law was formed in 1965 as a for- profit corporation, and has
operated in Orange County, California, since 1966. It received accreditation from the Committee of
Bar Examiners of the State Bar of California in 1972, and received accreditation from the Western
Association of Schools and Colleges in 1976. The School was granted provisional ABA approval
in 1998. In March 2001, the original owners sold the School to Argosy Education Group, Inc., a
publicly traded for-profit corporation engaged in providing doctoral programs in the field of
clinical psychology. On December 31, 2001, Argosy merged with Education Management
Corporation (EDMC), which operates 66 campus locations in 24 states and two Canadian provinces
and enrolls more than 58,000 students. EDMC has a current market value of approximately $2.3
billion.
Western State University College of Law was founded to provide a quality legal education for
traditional and non-traditional students. The School initially operated only a part-time evening
program and added a full-time program in 1972. The School has more than 8,800 living alumni.
Western State University College of Law was provisionally approved by the American Bar
Association from August 4, 1998, until August 8, 2004. During the period of its provisional ABA
approval, the School was visited annually in accordance with the ABA Standards and Rules of
Procedure, and also was visited twice by a team of two site evaluators in connection with
applications by the School seeking acquiescence by the Council in changes of ownership of the
School. Following five years of provisional approval, the Council determined that the School had
not demonstrated that it was in full compliance with the Standards. The Council further concluded
that the School had demonstrated neither extraordinary circumstances nor sufficient good cause to
justify extending provisional approval beyond the normal five-year period, which was to expire in
August 2003. [Standards 102(b) and 103(a).] In March 2004, the Council withdrew Western State
University College of Law's ABA approval. Western State appealed that decision to the House of
Delegates but, in connection with the settlement of litigation, the School withdrew the appeal and
acquiesced in its removal from the list of ABA-approved law schools as of August 7, 2004. The
House took no action on this matter.
In late August 2004, Western State University College of Law submitted a new application for
provisional ABA approval. In accordance with Rule 4, a site evaluation visit was conducted on
September 26-29, 2004, by a team consisting of Dean Joseph P. Tomain, Chair, Associate Dean
Susan W. Brenner, Dean Keith M. Harrison, Professor Kathleen Carrick, Professor Barbara
Gilchrist, and Vice President Shauneen Hutchinson.
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At the time of the September 2004 site visit, the School had 23 full-time faculty members. Ten
members of the faculty were women and three were persons of color. In the spring 2004 semester, the
School employed 27 adjunct faculty; in the fall 2004 semester, there were 21 adjunct faculty teaching.
All full- time faculty regularly teach in both divisions of the School. The student/faculty ratio is
approximately 18:1.
In the fall of 2004, there were 286 students enrolled in the part-time program and 101 students in the
part-time program. The School received 1,550 applications for its fall 2004 full-time entering class,
made offers of admission to 508 applicants, and 80 students matriculated. The fall 2004 full-time
entering class had a 75th percentile LSAT of 150 and a 25th percentile LSAT of 147; the 75th
percentile GPA was 3.38, and the 25th percentile GPA was 2.89. The School actively seeks out and
admits minority students. In the fall 2003 and fall 2004 entering classes, members of minority groups
made up 43.8% and 33.7% of the class, respectively.
To graduate from the School, students must successfully complete 88 credits with a cumulative grade
point average of 2.0 or better. Students must earn 51 of the 88 credits in required courses, including
Professional Responsibility. Six of the remaining credits must be earned from an approved list of
advanced professional skills courses. Students must also take an upper division course that includes a
rigorous writing experience. The School offers three separate clinics with companion seminar classes an in-house civil law clinic, a criminal law extern ship clinic, and a civil law externship clinic that
includes judicial clerkships. The School provides a number of innovative academic support programs
designed to enhance learning, improve student performance in general, and bar passage in particular.
For the July 2004 California bar examination, the pass rate for the School's first-time takers was 49%.
The Accreditation Committee, at its January 27-29, 2005 meeting, considered the application of
Western State University College of Law for provisional ABA approva1. The Committee had before it
the report of the team and the School's response thereto, and had the benefit of personal appearances
by Dean Joseph P. Tomain, who served as Chair of the site evaluation team, and by Mr. John
McKernan, CEO of EDMC; Dr. Gregory O'Brien, Chair of the School's Board of Trustees; Dean
Maryann Jones; Associate Dean Susan Keller; and Professor Cindy Parkhurst, Director of the Law
Library.
The Committee concluded, in accordance with Standard 102(a), that Western State University College
of Law had established that it is in substantial compliance with each of the Standards, and that the
School bad established that it had a reliable plan for coming into full compliance with the Standards
within three years. Therefore, the Committee recommended that the Council grant provisional
approval to the School.
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The Council of the Section of Legal Education and Admissions to the Bar considered the
Accreditation Committee's recommendation at its meeting held February 12-13, 2005. In
addition to the Committee's report, the Council had the benefit of appearances by Professor
Edwin J. Butterfoss, Chair of the Accreditation Committee, Dean Joseph P. Tomain, Chair of the
site evaluation team, Mr. John McKernan, CEO of EDMC; Dr. Gregory O'Brien, Chair of the
School's Board of Trustees; Dean Maryann Jones; Associate Dean Susan Keller; and Professor
Cindy Parkhurst, Director of the Law Library.
The Council concluded that the School had demonstrated that it substantially complied with all
of the Standards and that the School had a reliable plan for coming into full compliance within
three years. Therefore, in accordance with Standard 102(a), the Council granted provisional
approval to Western State University College of Law, effective upon the concurrence of the
House of Delegates.
Respectfully submitted,
Elizabeth B. Lacy Chairperson
February 2005
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GENERAL INFORMATION FORM
Submitting Entity:
Section of Legal Education and Admissions to the Bar
Submitted By:
Elizabeth B. Lacy, Chairperson
1. Summary of Recommendation( s ).
That provisional approval be granted to Western State University College of Law, in Fullerton,
California, effective upon the concurrence of the House of Delegates.
2. Approval by Submitting Entity.
The Council of the Section of Lega1 Education and Admissions to the Bar granted provisional
approval to the School at its February 12-13, 2005 meeting.
3. Has this or a similar recommendation been submitted to the House or Board previously?
Yes, in August 1998 the House granted provisjona1 approval to Western State. In March 2004, the
Council withdrew Western State's ABA approval. Western State appealed that decision to the
House of De1cgates but, in connection with the settlement of Litigation, the School withdrew the
appeal and acquiesced in its removal from the list of ABA-approved law schools as of August 7,
2004. The House took no action on this matter.
4. What existin2 Association policies are relevant to this recommendation and how would they be
affected by its adoption?
None.
5. What urgency exists which requires action at this meetin2 of the House?
Western State University College of Law has demonstrated that it is currently in substantial)
compliance with the Standards for Approval of Law Schools and that it has a reliable plan for
coming into full compliance with the Standards within three years. Therefore the School has met
the requirements of the Standards and is entitled to be recognized as B Jaw school provisionally
approved by the American Bar Association.
6. Status of Legislation. (If applicable.)
None.
7. Cost to the Association. (Both direct and indirect costs.)
None.
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8. Disclosure of Interest. (If applicable.)
None.
9. Referrals.
None.
10. Contact Person.
John A. Sebert, Consultant on Legal Education
[In Salt Lake City: Prime Hotel
312-988-6746
801-531-7500]
11. Contact Person. (Who will present the report to the House.)
Jose R. Garcia-Pedrosa, Section Delegate
[In Salt Lake City: Prime Hotel
305-243-5813
801-531-7500]
Sidney S. Eagles, Jr., Section Delegate
[In Salt Lake City: Prime Hotel
919-755-8771
801-531-7500]
12. Contact Person Regarding Amendments to This Recommendation.
(Are there any known proposed amendments at this time? If so, please provide the name, address,
telephone, fax and ABA/net number of the person to contact below.)
None.
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