Subject: make up quizzes Date: Man, Apr 13, 2020 at 12:53 PM From: kogan@umbc.edu To: lacourse@umbc.edu Cc: rous@umbc.edu, tmcmanus@umbc.edu, mathstat_faculty-group@umbc.edu Dear Dr. LaCourse, Thank you very much for the April 8, 2020 email concerning make up quizzes. As a member of the faculty I follow the university procedures outlined in the Faculty Handbook. It appears you ignore the faculty handbook and appeal to the federal law. The disregard for the Faculty Handbook displayed by the senior University administrator is disappointing. Not being a attorney, I will have to consult a professional lawyer for advice and interpretation of relevant laws. Below is my initial response. Thank you for bringing to my attention the following laws/publications: 1. REHABILITATION ACT OF 1973 [Public Law 93-112], 2. Section 504, Rehabilitation Act of 1973 3. 29 U.S. Code Section 794. 4. PART 104 -- NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE 5. Federal Register: 42 Fed. Reg. 22557 (May 4, 1977) The above listed documents are silent on the issue of make up examinations. Your quote of Federal Register appears on page 22676 "In drafting a regulation to prohibit exclusion and discrimination, it became clear that different or special treatment of handicapped persons, because of their handicaps, may be necessary in a number of contexts in order to ensure equal opportunity. Thus, for example, it is meaningless to "admit" a handicapped person in a wheelchair to a program if the program is offered only on the third floor of a walk-up building. Nor is one providing equal educational opportunity to a deaf child by admitting him or her to a classroom but providing no means for the child to understand the teacher or receive instructions." The paragraph brings up a need for appropriate lifting machinery, hearing aid, and recording devices, but does not call to allow for make up assignment or test after the assignment or test are due. Doing so will provide an unfair advantage for one group of students, and discriminate against the other. Discrimination hurts all students as well as instructors. Solutions for the quizzes are always posted at the class website, so that every student has an opportunity to use the examination material. Both the Federal Register (page 22684), and the federal law address examinations: "Course examinations. In its course examinations or other procedures for evaluating students' academic achievement, a recipient to which this subpart applies shall provide such methods for evaluating the achievement of students who have a handicap that impairs sensory, manual, or speaking skills as will best ensure that the results of the evaluation represents the student's achievement in the course, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where such skills are the factors that the test purports to measure)." There is no requirement for make up assignment or test that students fail to submit on time. I am teaching at UMBC from 1988, and, as you know, I have received the SDS requests for a make up assignment or test for the first time in Spring 2020. It is evident that on April 8, 2020 you elected to request from a Jewish faculty member an action to be commence immediately and to be completed within the next 4 business days. As you know April 8, 2020 is the most important Jewish holiday. This holiday, Passover, is also a UMBC observed religious holiday. The timing and style of your request is a flagrant expression of anti-Semitism. As you know, or should have known, the policy of the executive branch of the US government is to enforce Title VI of the Civil Act of 1964 against discrimination rooted in anti-Semitism. Needless to say your action provides an additional reason to pass your request to an attorney. As you write your email is a reply to my April 3, 2020 information request addressed to Dr. Biswas. In particular I requested relevant written references (different from those found in the Faculty Handbook Dr. Biswas considers irrelevant to this case) for possible disciplinary actions being directed at myself. Your email fails to address this part of my request. The lack of the response generates an anxiety and unnecessary stress. I am a sixty six years old diabetic. According to the Center for Disease Control and Prevention I am in the coronavirus "high risk" population group. When people with diabetes are under mental stress, they generally experience an increase in their blood glucose levels. Should my health condition deteriorate as a result of threats and failure to provide relevant information a legal action will follow. I am always willing to listen to the voice of reason, and I am looking forward to your response. Respectfully, Dr. Kogan