SEPARATION BECAUSE OF INCAPACITY. When a Faculty Member has become physically or mentally incapable of or unfit for the efficient performance of duties of his/her position, the President may recommend to the Board that the person be separated from state service in good standing. The Board may require that the Faculty Member receive a physical or mental examination by competent medical professionals, at the expense of the Board.
SEPARATION BECAUSE OF INCAPACITY. When a professional staff member has become physically or mentally incapable of or unfit for the efficient performance of duties of his/her position, the employer may separate the individual in good standing. Unless otherwise agreed, any medical determination hereunder shall be only by mutually agreed-upon medical authority. Any such action shall be subject to the grievance and arbitration provisions of this Agreement. Prior to or at the time of requesting a medical determination, the Board or its representative will provide the unit member with a statement of the problem and disclose to him/her any information to be considered, except as otherwise provided by law. The professional staff member shall be informed in writing of his/her right to Congress representation. Either the employer or the unit member may request that the medical authority determine whether or not there might be a basis for such a medical determination.
