The truman bodden law school of the cayman islands undergraduate



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THE TRUMAN BODDEN LAW SCHOOL OF THE CAYMAN ISLANDS

UNDERGRADUATE

STUDENT HANDBOOK



CAYMAN ISLANDS
ACADEMIC YEAR
2016/17

CONTENTS
Page
Welcome from the Director of the Law School 5-6
Truman Bodden Law School: Mission Statement 7
1 Introduction to the Law School 8-9
1.1 Regulations governing legal education 9

1.2 Affiliation with the University of Liverpool 9-10

1.3 Law School Staff and Contact Details 10

1.4 Support Staff Contacts and General Office Opening Times 10

1.5 TBLS Student Society & Committee 11

1.6 TBLS Entry Requirements 11

1.7 TBLS Academic Prizes 11
2 Law School and University Fees 12
2.1 TBLS Tuition Fees 12

2.2 University of Liverpool Registration Fees 12

2.3 Book Fees 12

2.4 Examination Fees 12

2.5 Photocopying Fees 12

2.6 Outstanding Fees 12-13

3A Important Academic Information for Students 13

3A.1 Penalties for late submission of assessed coursework 13

3A.2 Plagiarism and Collusion 13-14

3B Important General Information for Students 14
3B.1 TBLS web page & University academic resources 14

3B.2 University email addresses 14

3B.3 Health & Safety 14

3B.4 C.I. Government policy on smoking 15 3B.5 The Law Library 15-17

3B.6 Student ID cards 17
3C Important Procedural Information for Students 17
3C.1 Attendance rule 17

3C.2 Suspension of studies 17-18

3C.3 Return from suspension 18

3C.4 Transfer between programmes 18

3C.5 Withdrawal 18

3C.6 Illness/ Mitigating Circumstances 18


3C.7 Removal of Late Coursework Penalties Procedures 19

3C.8 Personal Difficulties/Mitigating Circumstances 19




4 Support Services for Students: The Personal Tutor Scheme 20

4.1 Strategy for student support and guidance 20

4.2 Formal support and guidance structure 20

4.3 Role of the Director of Legal Studies 20

4.4 Role of the personal tutor 20-21

4.5 Responsibilities of tutees 21

5 Student Matters 22

5.1 Getting to The Law School 22

5.2 Car parking 22

5.3 Staff-student meetings 22

5.4 Post 22

5.5 Official transcripts 22

5.6 Letters of reference/unofficial transcripts 22-23

6 The Law School Code of Practice 24-25
7 Learning, Teaching and Assessment Strategy 26
7.1 Summary teaching strategy 26

7.2 Summary assessment strategy 26-27

7.3 Summary learning strategy 27

7.4 Method of assessment 28

7.5 Coursework submission and the need for originality of content 28

7.6 Coursework submission deadlines 28

7.7 Exam and Assessment Periods 29

7.8 Assessment appeals: all programmes 29

7.9 Examinations and progression 29-30

7.10 Weighting of results 30


8 Foundation modules, curricula and module specifications 31

8.1 Programme Structure – Full Time Degree 31-33

8.2 Programme Structure – Part Time Degree 33-36 8.3 Module Specifications 36-37

8.4 The Professional Practice Course 38


9 Methods of instruction: learning and teaching 39

9.1 Tutorial rota 39

9.2 Understanding the teaching timetable 40

9.3 Online learning resources 41

9.4 Examinations and coursework assessments 41

9.5 Summative exam papers 42

9.6 Coursework submission dates 42

9.7 Past exam papers 42

9.8 Dissertation option 42


10 TBLS Complaints Procedure 43

10.1 General principles 43-44

10.2 Informal resolution of complaints 44-45

10.3 Formal complaints process 45-46


11 TBLS Student Disciplinary Code (Non Academic) 47-55
Appendices 56
Appendix A – Staff contact details 56

Appendix B – Academic Prizes 2016/2017 57

Appendix C – Teaching and Assessment Pattern 2016/2017 58 Appendix D – Tuition and Registration Fees 2016/2017 59

WELCOME FROM THE DIRECTOR OF THE LAW SCHOOL

I would like to take this opportunity to welcome both new and returning students to the Law School for the beginning of the 2016-17 academic year. The TBLS story started in 1982 with a cast of some seven pioneering law students and a lone director. That cast has now expanded to a total enrolment of in excess of 110 students on all programmes. 2012 witnessed a milestone in the history of the Law School, with September marking the 30th anniversary of its founding. August 2012 also saw the launch of the Law School / University Alumni Association. Any graduates interested in joining the alumni association should contact the University Alumni Relations Manager, Caroline Mitchell on: mitchc@liverpool.ac.uk


In April 2014, the law school underwent a five yearly institutional review /re-validation visit conducted by a senior team of University academics and administrators. The outcome of that visit was extremely positive, with the University agreeing to renew the affiliation between the two institutions for a further period of five years. It has also been confirmed, following this visit, that the LL.B offered by the Law School will continue to have Qualifying Law Degree status, meaning that it is a recognised degree for professional practice purposes in the UK, as it has been since 2002. A major outcome of the institutional review visit was that it was agreed that TBLS would adopt a system of semesterisation in all modules from the beginning of the 2015-16 academic year. This change is intended to produce greater student choice in terms of optional module availability and it also facilitates two way student transfers between TBLS and the Liverpool Law School. The excellent results achieved by the 2016 graduating classes are confirmation that the new system is working very well. More information about semesterization is contained in the Module Information Handbook available on our website: www.lawschool.gov.ky.

A pioneer in the development of the Law School in 1982 was the then Minister of Education and Cayman Islands Attorney, the Honourable Truman Bodden, OBE, after whom the law school has been named since 2012. It is fitting therefore that the University of Liverpool agreed to confer an Honorary LL.D on Mr Truman Bodden at the Law School’s Graduation Ceremony held in August 2014. In attendance at the Ceremony was the Vice-Chancellor of the University of Liverpool, Professor Sir Howard Newby and his wife, Lady Sheila Newby, who were visiting Grand Cayman for the third time, accompanied by the University’s Public Orator, Professor Kelvin Everest.
The 2016-17 academic year again expects to welcome a new first year class characterised by its diversity in terms of culture, backgrounds and experience. A large international component of the enrolment is expected, with the increasing international popularity of TBLS a testimony to its strong reputation and the long standing affiliation with the University of Liverpool with whom the law school enjoys an enduring and close relationship. It is anticipated that the latest chapter in this relationship will see the introduction in September 2017 of a new taught part time Masters in Law programme in International Finance. The law school has recently appointed a ninth full time member of its Faculty to design and lead this programme. More information about the LLM programme will be available in the LL.M Handbook (forthcoming). Expressions of interest should be directed to: laura.panades@gov.ky

During the course of the forthcoming academic year you will be required to study a diverse range of legal topics which will equip you well in the future, whether your career ambitions be the practice of law or otherwise. The extent of your success will necessarily correspond to the extent of your commitment to the study of law and the keenness of your desire to succeed. Take full advantage of the low lecturer-student ratio, there are few institutions, which better it in the common law world of legal education. With such ‘individual’ tuition, there can be little excuse for failure, but in the final analysis your success is up to you: conduct your research assiduously, analytically, and with an inquiring mind and be ready to call upon the experience and expertise of your lecturers whenever you encounter difficulties. In addition to their teaching and research responsibilities, all academic staff have a pastoral role and participate actively in the life of the Law School as personal tutors. For more information on the Personal Tutor Scheme please consult ‘Support Services for Students’ later in this handbook.

This handbook has been designed with you in mind, to give you a resource which you can keep with you throughout the year, and serves as a guide to assist you in finding answers to the myriad questions which are likely to arise during the course of your studies. This handbook is not intended, however, to be of itself a comprehensive source of information. Instead, it serves to provide general guidance and directions to where more comprehensive information can be located, typically on either the Law School website (www.gov.ky/lawschool) or the corresponding website of the University (http://www.liv.ac.uk).
In addition to the contents of this handbook, all students are strongly advised to acquaint themselves thoroughly with the following Laws and Regulations and Codes early in their Law School career: The Legal Practitioners Law (2015); The Legal Practitioners (Students) Regulations (2015 Revision) as amended; The Professional Practice Course Code, the TBLS Code of Discipline and the current University of Liverpool Code of Practice on Assessment. The University’s Code of Practice and Appendices can be located at: http://www.liv.ac.uk/tqsd/code-of-practice-on-assessment/
I encourage all students to become members of the Law School Students’ Society which, through the good offices of the student committee, organises a range of fund raising activities for the Society including social functions, lectures, and an annual Students’ Society dinner. Election for a number of Executive positions within the Society as well as class representative positions will be held early in semester one and I would encourage each of you to participate by registering your vote, thereby ensuring a truly democratic student society.

I hope that you find this handbook helpful. If you have any suggestions for how it might be improved, please feel free to email me (mitchell.davies@gov.ky).

It remains for me to wish you a successful and fulfilling year during which it is hoped that you will develop an affinity and an enduring affection for the Law.

Mitchell C. Davies

July 2016

TRUMAN BODDEN LAW SCHOOL: MISSION STATEMENT

The aim of the Law School, in partnership with the University of Liverpool in the provision of its undergraduate LL.B Degree, is to provide students with a standard of tertiary level legal education equivalent to that prevailing in the United Kingdom and at other providers of legal education across the common law world.

In doing so, the Law School aims to provide an environment for its students that encourages and enables them to achieve their full potential in the pursuit of knowledge and academic excellence. The Law School also seeks to promote awareness of the legal, ethical, and moral issues relevant in the development of legal rules and in the practice of law.

At a postgraduate level, the law school also offers vocational legal training in the form of a fourth year Professional Practice Course which, following completion of articles of Clerkship, leads to qualification as an Attorney at Law of the Cayman Islands. This course is also intended to provide legal training at a comparable level to that offered on similar vocational courses in the United Kingdom and across the common law world. The aim of the law school is to provide students with an in depth knowledge of English and Cayman Islands law, and at the same time to develop transferable skills, advanced research capabilities, skills of analysis, logical thought, conciseness, and critical ability.

As noted above, the law school intends in September 2017 to introduce a second postgraduate programme, an LL.M in International Finance which it is hoped will also be an award of the University of Liverpool.

The courses offered by the Law School are intended to be of benefit not only to those students who wish to enter the legal profession but also to those having a variety of other professional career aspirations.


  1. INTRODUCTION TO THE TRUMAN BODDEN LAW SCHOOL

The Truman Bodden Law School was opened on 27th September 1982 by the then Governor, Mr. Peter Lloyd, and in 1984 it moved to the fourth floor of the Tower Building. Since March 2005, the Law School has been located within the former CIBC Building, Edward Street, central George Town. Since its opening, the aim of the Law School has been to provide students with a standard of legal education equivalent to that prevailing at leading UK universities. Students successful in the honours degree programme are eligible to pursue further postgraduate study at institutions of higher learning across the common-law world. Consistent with the legal education experience in other law schools, TBLS students should anticipate an exciting and challenging experience. Unlike law undergraduates at many other institutions, however, TBLS students will not encounter over-populated classes and sometimes elusive lecturers.


The courses of study leading to the degree of Bachelor of Laws are designed to provide exposure to a wide range of English legal principles, and at the same time to develop skills of analysis, logical thought, conciseness, and critical ability. The courses offered by the Law School will be attractive therefore not only to those students who wish to enter the legal profession but also to those having a variety of other career aspirations.

The Law School boasts one of the Island’s finest law libraries with significant lending and reference collections. The library falls under the direct supervision of a qualified librarian, Mrs. Beverley Speirs, who also has responsibility for the Legal Department and Courts libraries. Ms Speirs is assisted by full time Library Assistant, Ms Lourdes Pacheco. As a registered student of the University of Liverpool, all undergraduate TBLS students also have access to the full range of online resources enjoyed by all University of Liverpool students. The Law School has a well equipped computer room with all computers having internet access. The entire Law School also has wireless internet capability.

The Law School provides tuition for both the full and part-time programmes leading to the Bachelor of Laws (Honours) Degree of the University of Liverpool and the qualification of Attorney-at-Law of the Cayman Islands, which follows successful completion of the postgraduate Professional Practice Course (PPC). The PPC course is supported by three key manuals written by TBLS academic staff which are available for purchase from the Law School. The manuals cover the following areas of local law: Cayman Conveyancing Law, Cayman Civil Procedure and Cayman Criminal Procedure.
The Professional Practice Course, leading to the Qualifying Examination, is operated under the auspices of the Legal Advisory Council, comprising the Hon. Chief Justice, the Hon. Attorney General and the respective Heads of the Caymanian Bar Association and the Cayman Islands Law Society.
Both the full and part-time LL.B degree programmes are offered under the aegis of the University of Liverpool. Since 2002 the Law Society of England and Wales and the Bar Council of England and Wales (now the Joint Academic Standards Board) has directly conferred Qualifying Law Degree (Q.L.D.) status on degrees awarded through the Truman Bodden Law. QLD status signifies that the holder of the degree has a qualification recognised by the English professional bodies for the purposes of completing their legal professional training in England. In other words, the holder of the TBLS degree can utilise it to the same extent as the holder of any LL.B degree obtained in England and Wales from an institution possessing Q.L.D. status. TBLS is believed to be the only institution in the Caribbean to have had Q.L.D. status conferred upon it.

Legal residents wishing to study law on a part time basis are able to enrol on the part-time degree programme. For those students who do not wish to complete the five/six year degree, they are able to exit the programme either after completing two or four years, in each case being awarded a University Certificate or Diploma, respectively.

In April 2014, TBLS was the subject of an external Institutional audit visit by the University of Liverpool with five senior University staff visiting TBLS for this purpose. The audit was extremely favourable with the audit team recommending a renewal of the five yearly affiliation with the University. As a consequence, a new Institutional Agreement with the University was signed extending the relationship until January 2020.



    1. Regulations Governing Local Legal Education

The Legal Practitioners Law (2015) and the Legal Practitioners (Students) Regulations, (2015 Revision) as amended, confer upon the Law School authority to offer a system of legal education in the Cayman Islands under the control and guidance of the Director, the Attorney General and the Legal Advisory Council. You are strongly advised to become thoroughly familiar with these regulations early in your Law School career. It is also essential for you to become acquainted with Liverpool University’s Assessment Code of Practice, which is located at: http://www.liv.ac.uk/tqsd/code-of-practice-on-assessment/





    1. Affiliation With The University of Liverpool

Royal Letters Patent issued by Queen Victoria in 1881 founded the University of Liverpool. The School of Law, one of the oldest in the United Kingdom, celebrated its centenary in the academic year 1992-93. Graduates of note include: The Law School’s former Patron, the Right Hon. Lord Nicholls of Birkenhead, until 2007 a member of the Judicial Committee of the House of Lords and Privy Councillor; the late Lord Justice Sellers, the late Mr. Justice Lynskey; the former Attorney-General of Hong Kong, J.W.D. Hobley C.M.G; and Mr. Michael Bray, formerly global managing partner of Clifford Chance, one of the world’s largest law firms.

The Truman Bodden Law School has enjoyed an affiliation with the University of Liverpool in the United Kingdom for over 30 years. As a result of this affiliation, all full time TBLS lecturers are recognised law teachers of the University of Liverpool as well as being members of the Cayman Islands Attorney General’s Chambers. Graduates of the LL.B programme have their degrees conferred upon them by the University of Liverpool. It has already been observed in the introduction to this handbook that since March 2002 the LL.B (Honours) degree offered by TBLS has been designated as a Qualifying Law Degree (QLD) by the Law Society of England and Wales and the Bar Council of that jurisdiction. As noted, this means that all graduates of the University’s LL.B degree have the opportunity (provided they have successfully completed all required Foundation modules, including European Union Law) to obtain a legal qualification in the Cayman Islands that is internationally transferable. Such graduates are accordingly able to pursue postgraduate legal professional training in England and Wales (in addition to numerous other jurisdictions) as well as being able to register for postgraduate academic legal studies throughout the common law world.
In order to enrol upon the Professional Practice Course, eligible students must possess a minimum of a Lower Second Class LL.B Honours Degree which meets the criteria of a Cayman Qualifying Law Degree (as defined in the 2015 Student Regulations).

Students at the Truman Bodden Law School are associate members of the University of Liverpool’s Student Guild and as such they are entitled to access many student services, including advice, representation and access to information on the Guild website.

Whilst TBLS students are not members of the UK’s National Union of Students (NUS), as members of the University’s Student Guild they are afforded certain rights as the University Guild is considered an NUS member, thereby affording Guild members certain rights. As part of The Guild’s affiliation to NUS, it can participate in NUS’s democratic structures, including sending delegates to the NUS National Conference. TBLS students are also eligible through the University Guild to purchase an NUS Extra (student discount) Card.  To find out more information about the discounts or to buy a card, students should go to http://www.nus.org.uk/en/nus-extra/.



    1. Law School Staff and Contact details

Please see appendix A for current staff and their contact details. Additional information about staff research areas, and the modules they teach, can be found at www.gov.ky/lawschool. This information is also available on the website within the Module Guide Handbook. All staff are available by appointment to meet with students. In emergencies, staff (including the Director) can be contacted out of office hours via the relevant government email.




    1. Support Staff Contacts and General Office Opening Times




  • General Office:

Monday - Friday: 8:30 am – 5:00 pm (closed weekends & public holidays)




  • General Office Support Staff

Lisa Morales-Levy - Administrative Assistant

Lovisa Vernon-Hamilton - Front Office Manager


  • Library Support Staff

Beverley Speirs - Librarian

Lourdes Pacheco - Library Assistant



    1. TBLS Student Societies & Committees

Below are listed the Law School’s associated bodies which have student members. This includes bodies run exclusively by students on their own behalf and Law School bodies which rely on student membership to represent student concerns to the management of the School.


The Law School Students’ Society

The Truman Bodden Law School Students’ Society is run by the students for the students. The Society is responsible for organising social and fund raising events and for forging links between the Law School and the local legal profession as well as other corporate entities.


Staff-Student Liaison Committee

This Committee’s function is to consider all aspects of student welfare within the Law School, including all academic and pastoral services offered to all TBLS students. All programmes of study are fully represented on the Committee following elections for this purpose that are held early in each academic year. The Committee also comprises student members elected to Executive positions within the Students’ Society. It also comprises all members of the Law School academic staff and meets at least twice each academic year. It is Chaired by the Director of Legal Studies.


1.6 Entry Requirements
Entry requirements for the full and part time degrees as well as the Professional Practice Course are laid down in the Legal Practitioners (Students) Regulations (2015 Revision). Generally, the academic entry requirement for students who are under 21 years of age on 1st May in the year they start their programme of study is at least two General Certificate of Education Advanced Level passes in addition to at least three General Certificate of Secondary Education (GCSE) passes of Grade C or higher standard. The GCSE subjects must include English Language and one of Mathematics or a Natural Science subject or Geography or Economics. Other prescribed combinations of passes may be acceptable (but proof of attainment of an acceptably high English Language standard is essential) as may other prescribed qualifications recognised as being of a comparable standard, such as an Associates Degree with a sufficiently high GPA. Students who are over 21 years of age on 1st June in the year of intended entry who do not meet the Law School’s entry requirements may take the University of Liverpool Mature Students’ Entrance Examination. Any student who is employed either on a full or part time basis is required to produce a letter of permission from their employer prior to the commencement of their studies on either the full or part time course. Further particulars of the Law School’s admission requirements can be obtained from our Admissions Policy which can be downloaded from the Law School’s website: www.gov.ky/lawschool

1.7 TBLS Prizes
Local, international and Liverpool Law School prizes, including the Dean’s Prize of the Faculty of Law, are awarded to the year’s outstanding undergraduate and postgraduate students. For more information on prizes please see Appendix B.

  1. Law School and University Fees



2.1 TBLS LL.B Tuition Fees*
Please see appendix D for current applicable fees. Fees must be paid on the first day of each of the two semesters with a third payment late in the second semester. Any student whose fees are overdue by more than 8 weeks may be excluded from classes and thereafter excluded from studies for 12 months whereupon they will be re-admitted (assuming all outstanding fees to have been paid by this time). * All fees are module to change.

Semester 1 tuition fees for all new LL.B students are due on 19th September 2016.
Semester 1 tuition fees for returning LL.B students are due on 26th September 2016.
Tuition fees for Semester 2 (all students) are due on 30th January 2017.
Tuition fees for the third instalment in Semester 2 (all students) are due on 3rd April 2017.
When paying tuition fees with a US $ cheque, the conversion from CI to US is x .82.

2.2 University of Liverpool Registration Fees*
A fee for registration and University services, made payable in £ sterling to University of Liverpool, is due annually. Fees are listed in Appendix D.

2.3 Book Fees*

Payments should be made payable to Wildy & Sons Ltd. in Sterling as advised. Book fees are payable in advance during the summer holiday for students wishing the law school to purchase them on their behalf.

2.4 Examination Fees* C.I.$ 50.00 per exam

2.5 Photocopying Fees Students are simply required to supply their own paper which is available for purchase from the front desk.

2.6 Outstanding Fees
Any student having outstanding Law School or University fees (including outstanding library fines) at the end of the academic year will have examination results withheld until payment has been received. Such students will also not be eligible to receive letters of reference from the Law School. Students with fees outstanding immediately prior to the beginning of a new academic year will not be permitted to register or proceed to the next year of study. Students whose fees have been overdue for 8 weeks or more will be excluded from classes and suspended from studies for 12 months (providing fees/fines have by then been paid in full). Students who have been subject to financial suspension for more than 12 months are liable to have their course of studies terminated.
Any students having outstanding fees/fines in their final year will not be eligible to graduate.

3A IMPORTANT ACADEMIC INFORMATION FOR STUDENTS


3A.1 Penalties for late submission of assessed work
The Law School’s standard penalties for the late submission of assessed work are:

  • 5% of the total marks available for the assessment shall be deducted from the assessment mark for each working day after the submission date, up to a maximum of five working days (e.g. for work marked out of 100, five marks per day will be deducted); however, the mark will not be reduced below the pass mark for the assessment. Work assessed below the pass mark will not be penalised for late submission of up to five days.





  • Work received more than five working days after the submission deadline will receive a mark of zero. In such circumstances, the student will be required to re-take the assessment and the re-assessment title/topic will be different from the original title/topic. Re-submission of the original piece of work is not permissible.

Full information about the penalties for late submission of assessed work, including information about the procedure to apply for removal of late submission penalties (where a good cause for the late submission can be established) is available in the University’s Code of Practice on Assessment: http://www.liv.ac.uk/tqsd/code-of-practice-on-assessment/



3A.2 Plagiarism and collusion
The University’s Code of Practice on Assessment provides the following definitions of plagiarism and collusion (See Appendix L: Academic Integrity Policy):
Plagiarism occurs when a student misrepresents, as his/her own work, the work, written or otherwise, of any other person (including another student) or of any institution. Examples of forms of plagiarism include:


  • The verbatim copying of another’s work without acknowledgement;




  • The close paraphrasing of another’s work by simply changing a few words or altering the order of presentation, without acknowledgement;




  • Unacknowledged quotation of phrases from another’s work;




  • The deliberate and detailed presentation of another’s concept as one’s own.”

All types of work submitted by students are covered by this definition, including written work, diagrams, charts and pictures.

Collusion occurs when, unless with official approval (e.g. in the case of group projects), two or more students consciously collaborate in the preparation and production of work which is ultimately submitted by each in an identical, or substantially similar, form and/or is represented by each to be the product of his or her individual efforts. Collusion also occurs where there is unauthorised co-operation between a student and another person in the preparation and production of work which is presented as the student’s own.”

Students found to have committed plagiarism or to have colluded in preparing assessments are liable to be severely penalised, e.g. they may be given a mark of zero for the module concerned and a disciplinary letter placed on their file. References written for the student may include any findings of plagiarism. In the most serious cases, professional bodies may be notified and students may be required to terminate their studies.

3B IMPORTANT GENERAL INFORMATION FOR STUDENTS
3B.1 The TBLS Web Page and Online University Academic Resources
TBLS has a dedicated web site which is located on the Cayman Islands government web site. This is located at the following address: www.gov.ky/lawschool. Student information, including lecture and tutorial materials, student announcements and other student learning resources will be posted by module leaders on the University’s online academic service: VITAL (Virtual Interactive Teaching At Liverpool). All materials will be posted on VITAL by your TBLS Module Leader at the beginning of the semester for the whole of the module. VITAL is password protected and you will need your University of Liverpool registration information to access it.
3B.2 University E-Mail Addresses
Communication with students (both from the University and TBLS) is generally by email. All students will be provided with a University email address upon first registration. All email communication with students will be via their University email address which is the address that students are expected to use when communicating with the law school and tutors. Students are strongly advised therefore to check their University e-mail accounts regularly.

TBLS students are required to adhere to the principle that the content of messages sent to Law School email lists must be appropriate for the membership of that list, and must be relevant to the academic affairs of the recipients.




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