Termination of an Appointment for Medical Reasons

4.9  TERMINATION OF AN APPOINTMENT FOR MEDICAL REASONS    

A faculty member in a tenured or tenure-eligible position, or a faculty member in a specified term appointment (such as an RTA or visiting appointment) who has not reached the end of his or her contract, may be dismissed for medical reasons (physical or mental) only on the basis of clear and convincing medical evidence that the faculty member, even with reasonable accommodation, is no longer able to perform the essential duties of the position.

4.9.1  Informal Inquiry    When a program director, department chair, or college dean finds evidence that a faculty member under his or her supervision may be unable to perform the essential duties of his or her position, that administrative officer shall discuss the problem with the faculty member or with the faculty member’s representative.  The administrative officer shall provide the faculty member (if necessary, via the representative) an opportunity to respond; he or she shall use all reasonable means to seek a solution that is mutually satisfactory.  Should no settlement be reached, the administrative officer shall notify the Provost in writing and provide a copy of the notification to the faculty member; the faculty member will have ten calendar days to respond.  Following that notification, the Provost shall attempt to reach a solution with the faculty member that is mutually satisfactory.  If a settlement is still not reached at that point, the Provost will turn the matter over to by the University Faculty Affairs Committee (UFAC) for formal investigation following the procedures outlined below.

4.9.2 Formal Investigation    The formal investigation shall be conducted by the (UFAC) as per the procedures outlined in §4.4.  The burden of proof that the faculty member is no longer able to perform the essential duties of the position, even with reasonable accommodation, rests with the University and shall be satisfied only by clear and convincing evidence in the record considered as a whole.

4.9.3  Appeal    Should the formal investigation proceedings result in the decision to dismiss the faculty member for medical reasons, the faculty member may appeal to the President or to the Board of Visitors as per the procedures outlined in §4.5.