Statutes and Ordinances of the University of Cambridge
SCHEDULE TO STATUTE C
pp. 26–27
ACADEMIC STAFF

In this section

Chapter IV

REMOVAL FOR INCAPACITY ON MEDICAL GROUNDS

1. This chapter makes separate provision for the dismissal or removal from office of a member of the academic staff by reason of incapacity on medical grounds.

2. In this chapter

  1. (a)references to medical grounds are references to capability assessed by reference to health or any other physical or mental quality;
  2. (b)references to the appropriate officer are references to the Vice-Chancellor or an officer acting as the Vice-Chancellor’s delegate;
  3. (c)references to a member of the academic staff include, in cases where the nature of the alleged disability so requires, a responsible relative or friend or other person having authority to act on behalf of that member in addition to (or instead of) the member.

3. If it appears to the competent authority that the removal from office of a member of the academic staff on medical grounds should be considered, the secretary of the competent authority

  1. (a)shall inform the member accordingly, giving notice of the reasons;
  2. (b)shall notify the member in writing that it is proposed to make an application to the member’s medical practitioner for a medical report and shall seek the member’s consent in writing in accordance with the requirements of the Access to Medical Reports Act 1988;
  3. (c)may suspend the member from the performance of his or her duties without loss of stipend.

4. If in the light of any medical report obtained under Section 3 above the competent authority is satisfied that a member of the academic staff should be required to retire on medical grounds, and if the member accepts the opinion of the competent authority, the appropriate officer shall terminate the member’s employment on those grounds.

5. If the member does not agree that his or her removal from office on medical grounds should be considered, or if after a medical report has been obtained the member declines to retire on medical grounds, the competent authority may refer the case in confidence, with all relevant medical and other evidence (including any such evidence submitted by the member), to a Medical Board comprising:

  1. (a)a medically qualified chair appointed by the Council with the agreement of the member concerned or, in default of such agreement, on the nomination of the President of the Royal College of Physicians of London;
  2. (b)one person appointed by the competent authority;
  3. (c)one person appointed by the member concerned or, in default of such appointment, a second person appointed by the competent authority.

6. The procedure to be followed in respect of the preparation, hearing, and determination of a case by a Medical Board shall be prescribed by Ordinances made under this section. Such Ordinances shall ensure:

  1. (a)that the member concerned is entitled to be represented by another person, whether such person is legally qualified or not, in connection with and at any hearing by the Board;
  2. (b)that a case shall not be determined without an oral hearing at which the member concerned is entitled to be represented;
  3. (c)that witnesses may be called and may be questioned concerning any relevant evidence;
  4. (d)that the case is heard and determined as expeditiously as is reasonably practicable.

The Board may require the member concerned to undergo medical examination.

7. The University shall meet the reasonable costs of any medical report or medical examination required under Section 3 or Section 6 above.

8. If a Medical Board determines that a member’s removal from office would be justified on medical grounds, the appropriate officer may terminate the employment of the member on those grounds.