Grading Shenanigans at Harvard Law School? Spring Evidence Students Confronted 'Irregularities'

It’s nearly August. But at Harvard Law School, administrators are still trying to sort out what happened with Professor Bruce Hay’s spring Evidence course.

Not that grades matter all that much at HLS. The most important part of an HLS student’s transcript is the part at the top that says “Harvard Law School.” Heck, the school recently reformed its grading procedures, making the actual grades even less important.

But appearances must be maintained. It’s important that students feel their “super, gold-star, yay pass” grades are well-earned and fairly distributed.

Apparently students felt that Professor Hay did not adequately communicate how they would be graded. And now the administration has to step in…

Last week, Ellen Cosgrove, Dean of Students at HLS, sent around the following letter to students in Professor Hay’s spring Evidence course:

Memorandum to students in Evidence Spring 2010

A large number of students in the class have raised concerns about the grading of the exam and the award of class participation grades in this class. Our review of the process has disclosed a number of irregularities. When faced with similar situations in the past, our practice has been to permit students to choose to have a grade of Credit instead of the awarded grade placed on the transcript. Since no failing grades were given, we have concluded that we should offer that option to all students in this situation as well. You are not obligated to elect this option, and, if you do not, the awarded graded will remain on your transcript as the official course grade.

We understand the awkwardness of this procedure, especially for those of you who have graduated. Some of you in the class of 2010 may wonder whether electing the Credit option will change your honors status. Any student whose eligibility for Latin honors might potentially be implicated has been notified. Others may wish to make the change and have it reflected on their transcripts. We will supply new transcripts without charge to any student making the change. If you wish to elect the Credit option, the Registrar must be notified by October 1, 2010. This cutoff date applies to all students in the class.

We apologize for any inconvenience or upset that this change may occasion but we concluded that fairness required us to correct the problem we saw in the only way we think we can.

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Irregularities? That sounds exciting!

A few students who were actually in the class told us what went down:

[P]articipation was never mentioned as part of our grade. Hay did pass out attendance sheets but only about half a dozen times. He never used a seating chart, so there’s no way he recorded participation that way. Sure, he may have remembered who spoke up and wrote it down after class. But considering he could never remember anyone’s name, that is not a likely option…. [The] general feeling is that participation is his excuse for almost randomly assigning grades.

Professors almost randomly assigning grades? Never heard of it.

Dean Cosgrove is on vacation, but an HLS spokesperson gave us the following statement about the class:

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[T]he matter of the grading irregularities is under review by the Law School administration, and measures are being taken to address the issue. The Law School will not offer any further comment until after these measures have been implemented.

Students in Hay’s class were bitching about other issues as well. We’ve heard that students had three options for their final grade: a paper, an in-class exam, or a group take-home exam. Group take-home? Is this Harvard Law School or a scene from Legally Blonde?

Still, I’ve had the opportunity to meet Professor Hay, and I can say that he’s a really smart guy with varied interests. Is it possible that instead of sloughing through another round of boring grading, Hay tried to spice up the proceedings a little bit? It’s not like he failed anybody.

In the grand scheme of things, getting a randomly assigned grade from a random HLS class isn’t that big a deal. You guys go to HLS; things are going to work out for 90% of you. And for the other 10%, don’t sweat, the “HLS underbelly” lifestyle is pretty fun too — we’ve got our own jackets and everything.

UPDATE (10/14/11): Professor Hay provided us with this statement: “Your readers may want to know, as my students do, that this fiasco occurred during a severe medical crisis in my family. I take my responsibilities as a teacher very seriously, and nothing of this sort will ever happen again.”

Earlier: Harvard Law School Grade Reform Update