FCSL – A Law School in Crisis

1. FCSL – A Law School in Crisis David J. R. Frakt Candidate for Dean April 16, 2014

2. The Positives • Talented, dedicated faculty • Talented, dedicated staff • Some good, innovative programs • Great location • Great facilities

3. A School in Crisis – Disturbing Trends • Declining bar passage rate • Declining, unacceptably low post-graduate employment • Dramatically declining applications • Declining, unacceptably low entrance credentials of matriculating students • Increasing, unacceptably high transfer attrition, particularly from top of class • Declining, unacceptably poor employee job satisfaction and morale

4. ABA Self Study Objectives • Proprietary data removed

5. ABA Self Study Objectives, cont. • Proprietary data removed

6. ABA Self Study Objectives, cont. • Proprietary data removed

7. ABA Self Study Objectives, cont. • Proprietary data removed

8. ABA Self Study Objectives, cont. • Proprietary data removed

9. ABA Self Study Objectives, cont. • Objective 6 – Ensure Institutional Sustainability • Establish a sustainable financial model that will provide resources to manage growth and achieve our mission while providing a competitive value for our students • ABSOLUTELY NOT HAPPENING

10. LSAT Scores 156+ High Aptitude/Minimal Risk 153-5 Solid Aptitude/Low Risk 150-152 (44-52%) Reasonable Apt/Modest Risk 147-149 (33-40%) Modest Apt/High Risk 145-146 (26-30%) Marginal Apt/Very High Risk 144 and below (>23%) Poor Apt/Extreme Risk

11. 2013 Entering Class LSAT ProfilesPeer Schools

12. FCSL Entering Class LSAT Profile2008-2014 • *As of yesterday, 16 preregistered for summer, 38 for the fall, with another 54 deposits for the fall

13. ABA Standard 501 (b) • “A law school shall not admit applicants who do not appear capable of satisfactorily completing its educational program and being admitted to the bar” • Is FCSL violating this policy right now? • Where is the evidence that students with the credentials being accepted have a statistical likelihood of success? • Faculty must demand this information • How would FCSL respond to an inquiry from the ABA?

14. Interpretation 501-4 • “A law school may not permit financial considerations detrimentally to affect its admission and retention policies and their administration. A law school may face a conflict of interest whenever the exercise of sound judgment in the application of admission policies or academic standards and retention policies might reduce enrollment below the level necessary to support the program.”

15. Mandatory Grading Distribution • Designed for students with entrance credentials from 2008-9 to avoid grade inflation, ensure reasonable attrition • Being applied to current students with far weaker aptitude, resulting in artificially inflated grades and retention of students who should fail

16. Some Hard Truths • Bar Passage rate are directly correlated to the entrance credentials of admitted students • No one can reliably predict which students with low numbers will outperform those numbers • Excellent teaching, academic support programs and bar prep programs can only have a marginal impact • Neither FCSL nor Infilaw has any magic formula for admissions or for bar passage

17. Most Likely Scenario if FCSL Continues on Current Path • This summer • School will not meet 350 target (if it does, class will be extremely weak) • Massive faculty and staff layoffs • Bar Pass rate for summer 2014 will drop substantially, probably below 60% (fall 2011 admits) • This fall/winter or the following year, at the latest • ABA will place FCSL on probation or otherwise sanction FCSL for non-compliance with ABA standards • As soon as that happens: • All the best students will transfer out, leaving the school in even worse shape • Applications from qualified students will plummet even further • Next summer, or at the latest, the following year, the school will no longer be financially viable as a going concern

18. The Solution?

19. A Ray of Hope • Western State University College of Law – the other for profit law school • 2004, loses provisional ABA accreditation • Spring 2004, “Mt. St Helen’s Class” (1ls and 2ls) • Spring 2004, recruiting quality class almost impossible • Fall 2004, sue ABA, winter 2005 get provisional ABA approval back • Spring 2005, I was hired • 2005 bar pass 36% 2006 28% • Dramatic changes implemented

20. Western State, Cont. • Bar Pass Rate Steadily increases 2007-2009 • WSU granted full ABA approval in Jan 2010, my last year there • 2010 Graduating class had 80% first-time California bar pass rate 9% above state average • WSU has sustained this rate since, 78% in 2011, 80% in 2012 • But, WSU had to shrink dramatically, currently 100 students per class

21. Closing Comments • There is a place for a respectable, medium-sized private law school in Jacksonville, Florida • Florida Coastal could be that school • But, you need the right Dean • Can’t be a yes-man • Must be willing to stand up to the President and to Infilaw • Must be a strong leader, willing to make tough decisions