How to Maintain a Graduate Employment File That Complies with ABA Requirements NALP Conference, April 23, 2015

Agenda Introduction Protocol Overview Reviewing Employment Files Questions and Answers

Purpose of the Protocol To promote confidence among all interested parties (law applicants, law schools, ABA) that law graduate employment outcome reporting is complete, accurate, and not misleading; To assist schools in creating and maintaining accurate records that support their graduate employment outcome reporting; and To assist the ABA in assessing whether law schools are accurately reporting graduate employment outcomes.

Protocol Overview 509 Website Review The ABA will conduct a yearly review of the employment data posted by each ABA accredited law school to determine whether its Employment Summary Report is posted as required and that the data are consistent with the employment information reported by the law school to the ABA. Each law school must provide the ABA with the URL of its home page and the URLs of the web pages containing its employment data. These URLs must be the same URLs that students and prospective students use to view the law school’s employment data. Law schools that fail to timely post employment data or that publish data found to be incomplete, inaccurate, or misleading, may be subject to a Red Flag Review.

Protocol Overview Random Graduate Review The Random Graduate Review will select a statistically sound random sample of individual graduates from the population of graduates of all ABA accredited schools. This Review entails a high likelihood that every school will have one or several of its employment outcomes data examined each year.

Protocol Overview Random School Review At least 10 schools a year will be randomly selected. Level 1 Review Review of Graduate Employment Files Presumption that documentation is complete, accurate and non misleading in absence of evidence to the contrary If 5% of files are deficient then proceed to a Level 2 review Level 2 Review Verifies the reported data of at least 20% of the class through contact with the graduates, employers or public records. If 5% or three files are incomplete, inaccurate or misleading then proceed to a Level 3 review. Level 3 Review Independent third party approved by the ABA Review all Graduate Employment Files for support of reported outcomes Confirms at least 25% of graduate outcomes by verifying through contact with the graduates, employers or public records Undertaken at the expense of the school Third party submits a report of findings

Protocol Overview Red Flag Review Conducted on schools that: Are currently under sanction for violations of Standard 509 Are identified by the ABA to have significant inconsistencies or anomalies in their data reporting Are the subject of credible reports of incomplete inaccurate or misleading reporting ABA determines whether to conduct a Level 1, 2 or 3 Review

Graduate Outcome Data Collection Graduates are considered the best source of outcome data. Graduate reported data may be inaccurate so schools may change reported data in order to assure its accuracy. School must maintain adequate documentation supporting any change from graduate-provided information. If schools input information into surveys based on conversations or other communications, the name of the person entering the information, the method of communication and date must be documented.

Acceptable Third Party Sourcing Law Firm Websites

Acceptable Third Party Sourcing State Licensing Records

Acceptable Third Party Sources Family Members Mom Dad Siblings Grandparent Spouses Law Professors

Acceptable Third Party Sources Social Media Profiles

Acceptable Third Party Sources Social Media Profiles

Acceptable Third Party Sources Databases

Unacceptable Third Party Sources Roommates Friends Classmates General hearsay Predictions of job offers

Reviewing Employment Files Key Employment Categories Employment Status Employment Category Full-Time/Part-Time Long-Term/Short-Term Law School/University Funded Employment Type Employment Start Date Employer name, address, email address or website

Reviewing Employment Files Three Key Questions What is reported for the key category? What is the basis for the report? Is the basis sufficient under the protocol?

Reviewing Employment Files Determining Sufficiency Employment survey Is a copy in the file? Who filled it out? Is it dated? Does it contain the proper supporting information? Email Telephone call/Oral communication Is it documented properly? Are the names of the people involved identified? Web research

Reviewing Employment Files Symplicity Reports Who entered information into Symplicity? The student? Career Services? Only date that appears is the date stamp created at the time of printing Need the date the information was entered into the Symplicity form

Reviewing Employment Files Symplicity Reports Who wrote the Additional Notes section? The Student? Career Services?

Reviewing Employment Files Survey Results Date that this document was completed? Information received from the student is unclear

Reviewing Employment Files Survey Results Job 1 Job 2

Reviewing Employment Files Email Communication How was this information obtained? Email? Phone Call? Date of the communication? Time of the communication? Who obtained this information? Student

Reviewing Employment Files Oral Communication Date of the phone call? Time of the phone call? Did the student relay this information? Who wrote this note?

Reviewing Employment Files Oral Communication Are the third party sources appropriate sources? Who communicated with the source? How was that information obtained? Email? Phone Call?

Reviewing Employment Files Issue Resolution All supporting documents should include the following: Time the information was received Date the information was received Form of communication Name of the person receiving the information When information obtained is unclear, a documented attempt to follow-up with the student is warranted