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Corbin, Lillian; Burns, Kylie; Chrzanowski, April --- "If You Teach It, Will They Come? Law Students, Class Attendance and Student Engagement" [2010] LegEdRev 3; (2010) 20(1&2) Legal Education Review 13

[*] Dr Lillian Corbin, Senior Lecturer, La Trobe University Law School, Kylie Burns, Lecturer, Griffith Law School and Griffith Socio-Legal Research Centre, and April Chrzanowski, Senior Research Assistant, Griffith University. We thank Professor Michael Robertson for his assistance in writing the survey questions; the research assistants who worked on this project, particularly Jodi Gardner, Jason Carlson, Karen Williams and Ashleigh Simpson-Wade; and those who reviewed the article for publication.

[1] While many of the papers claim that there is a negative correlation between the grades that students achieve and their attendance/non-attendance, much of this research recognises that it is difficult to account for what are referred to as unobservable factors; for example, ability, effort and motivation. Even so, authors, particularly from the field of economics, continue to assert that there is a relationship between attendance and performance and that it is important for students to attend lectures and tutorials in order to have a chance of performing well in their studies. The articles most cited are: David Romer, ‘Do Students Go to Class? Should They? (1992) 7 Journal of Economic Perspectives 167; Garey C Durden and Larry V Ellis, ‘The Effects of Attendance on Student Learning in Principles of Economics’ (1995) 85 American Economic Review 343; Stephen Devadoss and John Foltz, ‘Evaluation of Factors Influencing Student Class Attendance and Performance’ (1996) 78(3) American Journal of Agriculture Economic 499; Paul Friedman, Fred Rodriguez and Joe McComb, ‘Why Students Do and Do Not Attend Classes: Myths and Realities’ (2001) 49 College Teaching 124; Daniel R Marburger, ‘Absenteeism and Undergraduate Exam Performance’ (2001) 32 Journal of Economic Education 99; John L Rodgers and Joan R Rodgers, ‘An Investigation into the Academic Effectiveness of Class Attendance in an Intermediate Microeconomic Theory Class’ (2003) 30 Education Research and Perspectives 27; Tsui-Fang Lin and Jennjou Chen, ‘Cumulative Class Attendance and Exam Performance’ (2006) 13 Applied Economics Letters 937; Elchanan Cohn and Eric Johnson, ‘Class Attendance and Performance in Principles of Economics’ (2006) 14(2) Education Economics 211; Jennjou Chen and Tsui-Fang Lin, ‘Class Attendance and Exam Performance: A Randomized Experiment’ (2008) 39(3) Journal of Economic Education 213.

[2] Wiji Arulampalam, Robin A Naylor and Jeremy Smith, Am I Missing Something? The Effects of Absence from Class on Student Performance (November 2007) University of Warwick <http://wrap.warwick.ac.uk/1396/1/WRAP_Arulampalam_twerp_820.pdf> . This paper usefully includes a literature review that refers to many of the most prominent studies conducted by researchers on student attendance and performance. See also Cohn and Johnson, above n 1.

[3] The study, conducted in 2007–08, examined attendance patterns across the whole law program at Griffith Law School, Queensland, Australia. The participating undergraduate students studied a five-year combined degree and the participating graduate entry students studied a three-year degree.

[4] This study could be classified as both descriptive and explanatory research, in that it describes and also seeks ‘to clarify why and how there is a relationship between two aspects of a situation or phenomenon’ — attendance and academic achievement. See Ranjit Kumar, Research Methodology: A Step-by-Step Guide for Beginners (Pearson Education, 2nd ed, 2005) 10.

[5] Previous studies highlighted the need to ‘investigate the reasons why students absent themselves from lectures and the extent to which they can and do compensate for missing lectures through private study’: Rodgers and Rodgers, above n 1, 39. One study has examined this question but it differs from the study we have undertaken as it provided respondents with a list of possible reasons for them to rate: Peter Massingham and Tony Herrington, ‘Does Attendance Matter? An Examination of Study Attitudes, Participation, Performance and Attendance’ (2006) 3 Journal of University Teaching and Learning Practice 82, 90. Another study took a different approach and questioned why students attend: Sara Dolnicar, ‘Should We Still Lecture or Just Post Examination Questions on the Web?: The Nature of the Shift towards Pragmatism in Undergraduate Lecture Attendance’ (2005) 11 Quality in Higher Education 103, 106. In doing so, she also provided students with a list of reasons to rate.

[6] Kerri-Lee Krause, ‘Engaged, Inert or Otherwise Occupied? Deconstructing the 21st Century Undergraduate Student’ (Paper presented at James Cook University Symposium, Sharing Scholarship in Learning and Teaching: Engaging Students, Townsville, 21–22 September 2005) <http://www.griffith.edu.au/__data/assets/pdf_file/0005/53465/Engaged,inert2005.pdf>.

[7] Australian Council for Educational Research (‘ACER’), Doing More for Learning: Enhancing Engagement and Outcomes: Australasian Survey of Student Engagement (2010) 3 <http://ausse.acer.edu.au/images/docs/AUSSE_2009_Student_Engagement_Report.pdf> .

[8] Cohn and Johnson, above n 1, 212.

[9] Mohammed S Chowdhury, ‘Human Behaviour in the Context of Training: An Overview of the Role of Learning Theories as Applied to Training and Development’ (2006) 7(2) Journal of Knowledge Management Practice <http://www.tlainc.com/articl112.htm> .

[10] Randy Moore, ‘Helping Students Succeed in Introductory Science Courses’ (2004) 33 Journal of College Science Teaching 14; John R Rodgers, ‘A Panel-Data Study of the Effect of Student Attendance on University Performance’ (2001) 45 Australian Journal of Education 284, 284 and particularly 293.

[11] Lisa H Newton, ‘Professionalization: The Intractable Plurality of Values’ in Wade L Robison, Michael S Pritchard and Joseph Ellin (eds), Profits and Professions: Essays in Business and Professional Ethics (Humana Press, 1983) 34; Rodgers and Rodgers, above n 1.

[12] Richard James, Kerri-Lee Krause and Claire Jennings, The First Year Experience in Australian Universities: Findings from 1994 to 2009 (Centre for the Study of Higher Education, University of Melbourne, 2010) 35 <http://www.cshe.unimelb.edu.au/research/FYE_Report_1994_to_2009.pdf> .

[13] See above nn 1, 5, 10; see below nn 14, 22.

[14] Craig McInnis, ‘Signs of Disengagement? The Changing Undergraduate Experience in Australian Universities’ (Paper presented at the Inaugural Professional Lecture, University of Melbourne, 13 August 2001) 4 <http://www.eric.ed.gov/PDFS/ED466720.pdf> .

[15] Ibid.

[16] Ibid 1.

[17] Ibid.

[18] Craig McInnis, ‘New Realities of the Student Experience: How Should Universities Respond?’ (2003) 12(9) UniNews <http://uninews.unimelb.edu.au/news/645/uninewsarchive.php?volume=12 & number=9 & publication=un> .

[19] James, Krause and Jennings, above n 12.

[20] Hugh MacKay, ‘Is Marriage Going Out of Fashion?’ in Gail Bateman (ed), Relationships into the New Millennium (Relationships Australia, 1999) 52.

[21] McInnis, above n 14, 3.

[22] A recent study concluded that many students experience financial hardship and need to weigh up whether to purchase textbooks or adequate food. See Marcia Devlin, Richard James and Gabrielle Griff, ‘Studying and Working: A National Study of Student Finances and Student Engagement’ (Paper presented at the 29th Annual EAIR Forum, Innsbruck, Austria, 26–29 August 2007) 3. This same study also stated that undergraduate students are working long hours: ‘16.5 per cent of full-time students in employment worked at least 20 hours per week during semester’: at 4; and one quarter of the undergraduates who were working reported regularly missing classes or equivalent activities because of employment commitments: at 5.

[23] Massingham and Herrington, above n 5, 84. These authors refer to a number of authors who write about teaching styles, distinguishing between those that result in deep as opposed to surface learning.

[24] Kenneth C Petress, ‘The Dilemma of University Undergraduate Student Attendance Policies: To Require Class Attendance or Not’ (1996) 30 College Student Journal 387–9 cited in Steven E Gump, ‘Keep Students Coming by Keeping Them Interested: Motivators for Class Attendance’ (2004) 38(1) College Student Journal 157.

[25] Nancy Fjortoft, ‘Students’ Motivations for Class Attendance’ (2005) 69 American Journal of Pharmaceutical Education 107, 111.

[26] Eve Coxon et al, The Politics of Learning and Teaching in Aotearoa — New Zealand (Dunmore Press, 1994) cited in Massingham and Herrington, above n 5, 84. This is also reflected in the findings of the recent Centre for the Study of Higher Education at the University of Melbourne report on the first year experience in Australian universities: see James, Krause and Jennings, above n 12.

[27] Massingham and Herrington, above n 5, 84.

[28] Dolnicar, above n 5, 104.

[29] Ibid.

[30] Although, interestingly, a more recent study by Dolnicar et al reports on an unpublished honours thesis focusing on education students which suggests that ‘although students cite poor lecturer quality as a reason not to attend, a perception of the lecturer as being high quality does not necessarily improve attendance’. See T L Keen, What are the Perceptions of Lecturers and Students as to the Place of the Mass Lecture in Undergraduate Education Courses (2006) Wollongong, NSW: Unpublished Honours Thesis, as cited in Sara Dolnicar, Wilma Vialle, Sebastian Kaiser and Katrina Matus, ‘Can Australian Universities Take Measures to Increase the Lecture Attendance of Marketing Students?’ (2009) 31(3) Journal of Marketing Education 203.

[31] McInnis, above n 14, 1.

[32] Joelle Ruthig et al, ‘Academic Optimistic Bias: Implications for College Student Performance and Well-Being’ (2007) 10 Social Psychology of Education 115, 116–7; Tara Haynes et al, ‘Reducing the Academic Risks of Over-Optimism: The Longitudinal Effects of Attributional Retraining on Cognition and Achievement’ (2006) 47 Research in Higher Education 755, 757–758. See also Clifford Nowell and Richard M Alston, ‘I Thought I Got an A! Overconfidence across the Economics Curriculum’ (2007) 38(2) Journal of Economic Education 131–42.

[33] Ruthig, above n 32, 117.

[34] But Massingham and Herrington, above n 5, 95 talk about more than mere attendance. Other studies also make this conclusion — Rodgers, .above n 10, 284 and particularly 293. This article refers to a number of studies that make this conclusion. A later article by Rodgers and Rodgers, above n 1, 1 makes an even stronger claim that ‘class attendance has a significant effect on academic performance’ at 1.

[35] Massingham and Herrington, above n 5, 96.

[36] For further discussion of the benefits of group work in legal education see Mary Keyes and Kylie Burns, ‘Group Learning in Law’ (2008) 17 Griffith Law Review 357.

[37] Massingham and Herrington, above n 5, 85.

[38] Denise Tolhurst, ‘The Influence of Learning and Environments on Students’ Epistemological Beliefs and Learning Outcomes’ (2007) 12 Teaching in Higher Education 219, 221.

[39] Bonita London, Geraldine Downey and Shauna Mace, ‘Psychological Theories of Educational Engagement: A Multi-Method Approach to Studying Individual Engagement and Institutional Change’ (2007) 60 Vanderbilt Law Review 455, 459–60.

[40] Ibid. See also the discussion in Roy Stuckey et al, Best Practices for Legal Education: A Vision and a Road Map (Clinical Legal Education Association, 2007) 105–10.

[41] It will be noted that most of the studies on student attendance have been conducted with economics students; for example, see above n 1. For a discussion of factors affecting student performance in US law schools, see Richard Ippolito, ‘Performance in Law School: What Matters in the End?’ (2004) 54(3) Journal of Legal Education 459.

[42] Griffith Law School is a three-campus school. The Professional Legal Centre is based at Southbank and the undergraduate students are at Nathan and the Gold Coast. This study focuses on the undergraduate cohorts.

[43] See below Table 1 in Part IV for class sizes.

[44] Multiple methods were used to allow more depth in data analysis and triangulation of results.

[45] Rodgers and Rodgers, above n 1 — data collected from a class of 131 commerce (business and economics) students in an intermediate microeconomics course; Chen and Lin, ‘Class Attendance and Exam Performance’, above n 1 — 114 students in a public finance course; Massingham and Herrington, above n 5 — 172 students in a third-year undergraduate management subject in the Faculty of Commerce; Dolnicar, above n 5 — 100 randomly selected students across six faculties.

[46] A UK study does report on 650 undergraduates at the University of Sussex but it differs from this study in that it draws from students across a number of degree programs with a particular focus on gender differences: Ruth Woodfield, Donna Jessop and Lesley McMillan, ‘Gender Differences in Undergraduate Attendance Rates’ (2006) 31 Studies in Higher Education 1.

[47] The courses were Introduction to Legal Theory (ILT) (year 1), Corporate Governance (year 2), Equity (year 2 and also some year 4 students due to curriculum changes), Criminal Procedure and Sentencing (year 4), and Legal Professional Practice (LPP) (year 5). Data were gathered for the Gold Coast, but not Nathan, offering of Introduction to Legal Theory due to administrative difficulties in gaining consents and data in the Nathan offering of the subject.

[48] In some courses, tutorial attendance was totally voluntary and, in others, tutorials had participation or other assessable marks attached. Given the differences between the courses, we chose not to focus on tutorial attendance in this study. Students who missed tutorials had the opportunity to attend substitute tutorials with the permission of the tutor.

[49] It was clear that despite our best efforts our consenting students were not a ‘perfect’ sample of all students enrolled in the courses we studied. Female students were more likely to consent to participate than male students. Gold Coast students were more likely to consent than Nathan students. Consent rates varied across courses and consenting students ultimately achieved higher grades than non-consenting students. Consenting students were also more likely to attend classes than non-consenting students. Apart from the gender and campus location of the participating students, no further demographic details were gathered.

[50] See the discussion in relation to this statement in Part V below.

[51] A count was taken at the beginning of the class and after the break.

[52] See Appendix A.

[53] This is particularly concerning given the importance of these topics for the future professional conduct of students who will become lawyers.

[54] McInnis, above n 14.

[55] This finding is supported by a study by Nitsa Davidovitch and Dan Soen, ‘Class Attendance and Students’ Evaluation of Their College Instructors’ (2006) 40 College Student Journal 691, 696 and by Cohn and Johnson, above n 1 that concludes that ‘freshmen appear to attend more classes than juniors and seniors’: at 229.

[56] Griffith Institute for Higher Education, Developing Effective Assessment: Strategies for Success Griffith University <http://www.griffith.edu.au/__data/assets/pdf_file/0005/52862/gihe_tipsheet_web_dea.pdf> recommends that formative assessment and feedback form part of the assessment regime. This implies that 100 per cent end-of-semester exams should be avoided.

[57] This link between forms of assessment used in a course and their effect on attendance was not an issue considered in this study and is one area that is ripe for further research and study.

[58] Previous discussions on gender in education imply that female students may find it more difficult to attend classes than males and this is supported by a study by Davidovitch and Soen, above n 55, 695. See also Woodfield, Jessop and McMillan, above n 46, which found male students actually attended fewer classes than female students. See also Friedman, Rodriguez and McComb, above n 1, 128.

[59] Friedman, Rodriguez and McComb, above n 1, 129–30 found that the ‘larger the class, the more students were absent’. The study also noted that students ‘attend small classes … because their presence is noticed’. Davidovitch and Soen, above n 55, 698 supported this finding.

[60] These are the very student groups that the recent Bradley Report into higher education in Australia has identified as seriously under-represented in the Australian university population. See Commonwealth of Australia, Review of Australian Higher Education: Final Report (2008) DEEWR, 27

<http://www.deewr.gov.au/HigherEducation/Review/Pages/ReviewofAustralianHigherEducationReport.aspx> (‘Bradley Report’).

[61] Griffith University Statistics on backgrounds of Griffith Law School students, on file with authors.

[62] See Bradley Report, above n 60, 27.

[63] A similar finding was made by Rodgers and Rodgers, above n 1, 37.

[64] See Devlin, James and Griff, above n 22; Petress, above n 24; Coxon et al, above n 26. See above Part III.

[65] Our records suggest that there was no lecture held in week 13 for 5001 LPP (Gold Coast).

[66] The correlation coefficient was 0.288 when comparing the actual percentage mark received (on a scale of 1–100) with the students’ overall attendance (again, on a scale of 1–100).

[67] As we have mentioned, in Part III, we had difficulties in recruiting non-attending students into our study and this (together with other factors) may have resulted in our consenting sample performing better overall than students enrolled in the courses generally. Consenting students on average also attended classes more frequently than the overall class average attendance; although, as we have noted in Part III and further discussed in Part V, non-attendance was also quite prevalent in this group. An analysis of all students might show an even more significant correlation between attendance and final results.

[68] Friedman, Rodriguez and McComb, above n 1 consider the assertion that gender of itself can explain differences in attendance a myth. See also Woodfield, Jessop and McMillan, above n 46.

[69] Results of the multivariate analysis (final mark by course, gender and attendance): model p = 0.000, R-squared = 0.184.

[70] See comments above n 1.

[71] In effect, we were analysing what could be described as descriptive data by a process called ‘content analysis’ — identifying the main themes that emerged and in some instances these were coded so that they could be counted to determine frequency levels. See Kumar, above n 4, 223. See above Part III.

[72] Survey question 3.

[73] Survey question 5.

[74] See Tiffany Chennevill and Cary Jordan, ‘Impact of Attendance Policies on Course Attendance among College Students’ (2008) 8(3) Journal of the Scholarship of Teaching and Learning 29, citing Malcolm L Van Blerkom, ‘Class Attendance in Undergraduate Courses’ (1992) 126 Journal of Psychology 487, who suggest that other coursework can be a reason for non-attendance. This reason is not commonly mentioned. Perhaps the reason for this is that most rely on questionnaires that do not include this category as a possible reason. For instance, in a study conducted by Massingham and Herrington, above n 5, 94 ‘subject clash’ was included, but this does not allow for the kinds of reasons mentioned by the students in the Griffith study.

[75] This result appears to differ from the findings of Friedman, Rodriguez and McComb, above n 1, 129; Massingham and Herrington, above n 5. However, those studies were exploring whether or not students attended classes before 10 am and after 3 pm.

[76] Friedman, Rodriguez and McComb, above n 1, 127.

[77] Survey questions 6 and 7.

[78] The study conducted by Sleigh, Ritzer and Casey found that this was the most important reason for student attendance: Merry J Sleigh, Darren R Ritzer and Michael B Casey, ‘Student versus Faculty Perceptions of Missing Class’ (2002) 29(1) Teaching of Psychology 53. Support for these reasons can also be found in the study by Dolnicar, above n 5, 107.

[79] When a course totally dedicated to equity was introduced, students in the fourth year of their degree program felt that they were being asked to revisit content previously covered in other courses.

[80] This finding is supported by a study conducted by Rodgers, ‘A Panel-Data Study of the Effect of Student Attendance on University Performance’, above n 10, 293; Rodgers and Rodgers, above n 1, 37.

[81] As indicated above, quantitative attendance data was not gathered for tutorials in this study; however, we did gather qualitative data.

[82] See T L Hansen, ‘A Positive Reinforcement Program for Controlling Student Absenteeism’ (1990) 24 College Student Journal 307.

[83] Dolnicar, above, n 5.

[84] Jeffrey R Young, ‘The Lectures are Recorded, So Why Go to Class?’ (2008) 54 Chronicle of Higher Education 36.

[85] Other studies support this view: Kristin Grimstad and Mark Grabe, ‘Are Online Study Questions Beneficial?’ (2004) 31 Teaching of Psychology 143; M Christina Hove and Kevin J Corcoran, ‘If You Post It, Will They Come? Lecture Availability in Introductory Psychology’ (2008) 35(2) Teaching of Psychology 91.

[86] This is also reported by Mark Grabe and Kimberly Christopherson, ‘Evaluating the Advantages and Disadvantages of Providing Lecture Notes: The Role of Internet Technology as a Delivery System and Research Tool’ (2005) 8 Internet and Higher Education 291. While it should be noted that these authors are speaking of online notes, it would seem that the availability of a recorded lecture would be similarly attractive to students.

[87] Jonathan Copley, ‘Audio and Video Podcasts of Lectures for Campus-Based Students: Production and Evaluation of Student Use’ (2007) 44 Innovations in Education and Teaching International 387.

[88] Young, above n 84.

[89] Professions Australia, Definition of a Profession (2010) <http://www.professions.com.au/definitionprofession.html> .

[90] However, the discussion under Part C Student Optimism below shows that their confidence is misguided.

[91] Marburger’s study reported that 81 per cent of the study participants who had missed classes asked for notes from their peers rather than rely upon the text. He concludes that this reflects that students are trying to identify ‘the “most important” concepts covered’ in order to most efficiently prepare for what will be assessed: Marburger, above n 1, 106.

[92] Students gave some very detailed responses to show how they go about learning in response to survey question 9.

[93] McInnis, above n 14 suggested that this was so.

[94] Survey question 10 asked about their involvement in a study group and survey question 11 asked what they hoped to gain.

[95] Ruthig et al, above n 32; Haynes et al, above n 32.

[96] Ruthig, above n 32, 116–17.

[97] Friedman, Rodriguez and McComb, above n 1, 129–30 found that smaller classes are better attended. See also Davidovitch and Soen, above n 55, 698.

[98] See Bradley Report, above n 60, 30–1, 33. The executive summary of the Bradley Report, above n 60, xi–xiii strongly recommends that students from low socioeconomic backgrounds ought to be encouraged to attend university and to do this the report recommends that the government offer targeted funding. However, our study suggests that these students may find it difficult to succeed as their added responsibilities may limit their attendance and therefore their achievements.

[99] Although, in saying that, attendances at tutorials are also problematic: see above n 1.

[100] Kam C Chan, Connie Shum and David Wright, ‘Class Attendance and Student Performance in Principles of Finance’ (1997) 7 Financial Practice and Education 58; Devadoss and Foltz, above n 1; Luca Stanca, ‘The Effects of Attendance on Academic Performance: Panel Data Evidence for Introductory Microeconomics’ (2006) Journal of Economic Education 251; Jill L Caviglia-Harris, ‘Attendance and Achievement and Finance Education’ (2006) 4(2) Journal of Economics and Finance Education 1.

[101] Karen L St Clair, ‘A Case against Compulsory Class Attendance Policies in Higher Education’ (1999) 23 Innovative Higher Education 171.

[102] Linda S Lumsden, ‘Student Motivation to Learn’ (1994) 92 ERIC Digest, cited in David Burgess and Ernest Brewer, ‘Professor’s Role in Motivating Students to Attend Class’ (2005) 42 Journal of Industrial Teacher Education 23 <http://scholar.lib.vt.edu/ejournals/JITE/v42n3/brewer.html> .

[103] For definitions see Krause, above n 6; ACER, above n 7.

[104] Tolhurst, above n 38, 221.

[105] Steven E Gump, ‘Guess Who’s (Not) Coming to Class: Student Attitudes as Indicators of Attendance’ (2006) 32 Educational Studies 39; Randy Moore, ‘Does Improving Developmental Education Students’ Understanding of the Importance of Class Attendance Improve Students’ Attendance and Academic Performance’ (2004) 20 Research & Teaching in Developmental Education 24.

[106] Friedman, Rodriguez and McComb, above n 1.

[107] Hansen, above note 82, 307; Margaret H Launius, ‘College Student Attendance: Attitudes and Academic Performance’ (1997) 31 College Student Journal 86; Robert E Ledman and Felix U Kamuche Jr, ‘Improving Student Attendance’ (2003) 7(3) Academic Exchange Quarterly 288.

[108] Joan R Rodgers, ‘Encouraging Tutorial Attendance at University Did Not Improve Performance’ (2002) 41 Australian Economic Papers 255.

[109] Marvin Druger, ‘Being There: A Perspective on Class Attendance’ (2003) 32(5) Journal of College Science Teaching 350.

[110] Martin Fishbein and Icek Ajzen, Belief, Attitude, Intention and Behaviour: An Introduction to Theory and Research (1975), cited in Gump, ‘Guess Who’s (Not) Coming to Class’, above n 105.

[111] Cohn and Johnson, above n 1, 212, which suggests that ‘class attendance might foster good work habits, teach responsibility, and improve social skills’.

[112] It is our view that legal education and the legal profession may benefit from future research projects that explore the link between student behaviour and their professional behaviour.

[113] We would suggest that this could simply be marks for attendance or perhaps, more usefully, marks attached to participation. Griffith Law School has adopted this approach so that students become used to attending and ultimately engaging.

[114] Frank H T Rhodes, The Creation of the Future: The Role of the American University (2001), cited in Steven E Gump, ‘The Cost of Cutting Class: Attendance as a Predictor of Student Success’ (2005) 53(1) College Teaching 21.