TO: Representative Assembly of the Davis Division of the Academic Senate

During the 1999-2000 academic year, the Committees on Educational Policy and Elections Rules and Jurisdiction reviewed campus practice concerning midterm examinations being scheduled outside of regular class times. Those committees advised that the practice of scheduling such exams, even though noticed in the Class Schedule and Room Directory, was not in accord with Davis Division Regulation 538. The Faculty and the Registrar were notified to discontinue the practice of scheduling out of class midterm examinations. Professor Robert Redinbo petitioned the Committee on Educational Policy (CEP) to consider modifying DDR 538 to enable a return to the practice of scheduling out of class midterms. CEP did not support that request. At the April 16, 2001 meeting of the Representative Assembly, Professor Redinbo petitioned the Assembly through his departmental representative, Professor Charles Hunt, to consider the proposed modifications to DDR 538. The proposed changes, a copy of Professor Redinbo's original request to CEP and CEP's response are attached for review.

Respectfully submitted,

Jeffery C. Gibeling, Chair

Davis Division of the Academic Senate

Present Wording

Proposed Amended Wording

538. Examinations A. Except under certain specified circumstances, Senate Regulation (SR) 772 requires that final examinations be given in all undergraduate courses. Final examinations may be given in graduate courses. (Am. 4/26/82) B. At the instructor's option, a final examination in any course may be wholly or in part of the take-home type. In accordance with SR 772(A) in undergraduate courses, the writing time of a take-home final examination and an in-class final examination together may not exceed three hours. (Am. 4/26/82) C. In each course for which a final examination is required, each student shall have the right to take a final examination (or, when the instructor has so opted, to submit a take-home examination) at the time and on the date published in the Class Schedule. D. In each course for which a midterm examination is required, each student shall have the right to take a midterm examination (or, when the instructor has so opted, to submit a take-home examination) during one of the scheduled meetings of the class published in the Class Schedule. (Am. 4/26/82) E. Holding a final or midterm examination (or setting a deadline for submission of a take-home examination) at a time not specified in (C) or (D) requires the mutual consent of the instructor and all students involved in the change. Any student who does not consent in writing to the different time must be permitted to take an examination (and/or submit a take-home examination) at the officially scheduled time. A student who consents in writing to the change of examination time waives the right cited in (C) or (D). (Am. 3/13/95 and effective 9/1/95) F. Any departures from the published examination schedule should be carried out so as not to disadvantage students who are unable to accept the alternative examination schedule. An in-class final examination may not be rescheduled for a date earlier than the first day of finals week. The due date for a take-home final examination may not be rescheduled for a date earlier than the first day of finals week. (Am. 10/26/87 and effective 9/1/88) (Am. 3/13/95 and effective 9/1/95) G. A student who is improperly denied the right cited in (C) or (D) may file a petition with the Executive Council by the end of the next regular term, for appropriate action. H. In accordance with current law, students with documented disabilities may be entitled to in-class accommodations. The student shall provide a letter from the campus Disability Resource Center (DRC) with a recommendation for those academic accommodations that the instructor is responsible for providing. It is the student's responsibility to request accommodations as soon as possible; this notification must be made within a period of time which allows the university a reasonable opportunity to evaluate the request and offer necessary adjustments. No accommodations shall alter the nature of the academic demands made of the student nor decrease the standards and types of academic performance. No accommodation shall require facilities or personnel that cannot reasonably be provided. The instructor should consult with the student and the DRC if there are any questions or concerns. If the instructor and the DRC cannot arrive at a mutually agreeable accommodation, the matter shall be resolved by a committee convened by the Vice-Chancellor--Student Affairs that includes the instructor, the department chair, and members of the Vice Chancellor's Administrative Advisory Committee. (En. 6/8/87; Am 11/25/96) I. An instructor may release to individual students their original final examinations (or copies thereof) at any time. Otherwise the instructor shall retain final examination materials, or a copy thereof, until the end of the next regular term, during which period students shall have access to their examinations. (En. 5/25/77; Renum. 6/8/87) J. Paragraphs (A) through (I) of this Regulation shall be printed in the General Catalog. (En. 5/24/76; Am. and renum. 5/25/77; 6/8/87)

538. Examinations A. (No change) B. (No change) C. (No change) D. In each course for which a midterm examination is required, each student shall have the right to take a midterm examination (or, when the instructor has so opted, to submit a take-home examination) during one of the scheduled meetings of the class published in the Class Schedule except as specified in (K) below. (Am. 4/26/82) E. (No change) F. An in-class final examination may not be rescheduled for a date earlier than the first day of finals week. The due date for a take-home final examination may not be rescheduled for a date earlier than the first day of finals week. (Am. 10/26/87 and effective 9/1/88) (Am. 3/13/95 and effective 9/1/95) G. (No change) H. (No change) I. (No change) J. (No change) K. Midterm examinations out of normal class times are permitted under the following conditions: i. The dates and times of the out of class exams are posted before the beginning of classes for a given term. ii. Out of class exams cannot exceed 90 minutes each, twice per term. iii. Out of class midterm exams are recommended to be scheduled between 5-7PM weekdays and 10AM-4PM on Saturdays. iv. Compensatory class release time must be given for time used in out of class exams.