10 Offences That Could Make TSC Interdict a Teacher

OFFENCES, CLAUSES BREACHED AND EVIDENCE REQUIRED FOR INTERDICTION

The following are the offenses that can lead to a teacher’s interdiction by the Teachers Service Commission (TSC). For this article, they have been classified into Immoral Behaviour and Professional Misconduct.

IMMORAL BEHAVIOR

  • Sexual harassment/flirtation/indecent act
  • Love relationship
  • Exposure to pornographic materials
  • Sexual intercourse
  • Sodomy
  • Lesbianism

These offenses break the clauses (a)(i), (a)(ii), (a)(iii), (a)(iv),

Evidence required

  • Handwritten statements from victims or witnesses
  • Exhibits such as
  • love letters
  • court proceedings
  • investigation reports by heads of institutions, county Directors or Sub-County Directors
  • Minutes of BOM following interviews with pupils or students, teachers and any other witnesses
  • photographs
  • gifts
  • agreements
  • County discipline minutes.

PROFESSONAL MISCONDUCT

A. NEGLIGENCE OF DUTY

  1. Grading fake marks.
  2. Failure to perform T.O.D duties.
  3. Failure to attend school assemblies and official meetings
  4. Failure to take students for official duty/functions
  5. Wilful neglect to perform any work or careless or improper performance of any work assigned to the teacher.
  6. Failure to teach schedules lessons.
  7. Failure to prepare professional documents e.g. schemes of work.
  8. Allowing examination cheating.

The above-listed offences break clause (b) (i)

Evidence required

  • Minutes where teacher and witnesses were interviewed.
  • Investigation reports.
  • Statements from witnesses.
  • Staff meeting minutes.
  • Police reports.
  • Written reports by agents/County Directors/Supervisors.
  • Statements from witnesses.

B. CHRONIC ABSENTEEISM

(a) Persistent/repeated absence from duty without permission.

Lateness for duty.

The above listed offence breaks clause (b) (iii)

Evidence required

  • Casualty returns
  • Letters from authorities reporting the teacher’s absence.
  • Monthly staff returns.
  • Warning/show cause letters for absenteeism.
  • Daily attendance registers/clock in register.

C. DESERTATION OF DUTY

Absence from duty for 14 continuous days (without written permission) including weekends and public holidays.  These may include:

  1. Failure to report for posting after the expiry of study leave.
  2. Proceed on study leave without approval
  3. Failure to report to the new station after release

The above-listed offences break clause (b) (iv)

Evidence required

  • Monthly staff returns
  • Letter granting study leave stating when to resume duty.
  • Letters from relevant authorities reporting the teacher’s desertion/release or reporting for duty.
  • Casualty returns.

D. INSUBORDINATION

Failure to obey official instructions from supervisors e.g. Commission Secretary, Heads of Institution, County Directors and the Sub-County Director e.g.:

  • Proceeding on transfer without formal release
  • Failure to forward correspondence by teachers to and from the Commission.
  • Failure to handover/takeover an institution upon transfer.
  • Failure to submit books of accounts
  • Failure to respond to letters from supervisors.
  • Failure to take up posting after disciplinary process/transfer/deployment

The above-listed offences break clause (b) (vi)

Evidence required

  • Written reports by agents/County Directors/Supervisors.
  • Minutes of the full BOM, minutes where the teacher and witnesses were interviewed.
  • Letters giving directives/instructions and evidence of failure to adhere
  • Minutes of disciplinary panel
  • Investigation reports
  • Staff meetings minutes
  • Police reports
  • Medical reports

E. INFAMOUS CONDUCT IN ANY PROFESSIONAL ASPECT

Infamous conduct includes:

  • Drunkenness or any form of intoxication during the working house.
  • Fighting in public or any violent behavior that may bring the profession to disrepute.
  • Conduct or behavior which contravenes six (6) of the constitution.

The above-listed offences breach clauses (c) (i), (c) (ii), (c) (iii)

Evidence required

  • Minutes of the full BOM minutes where the teacher and witnesses were interviewed.
  • Investigation reports.
  • Police reports.
  • Written reports by agents.
  • Show cause letters.
  • Statement from witnesses.
  • Medical reports

F. FORGERY/IMPERSONATION/COLLUSION/FRAUD AND CORRUPT DEALS/BRIBERY

  1. Submission of forged certificates.
  2. Misrepresentation/falsifying information.
  3. Some examination malpractices/irregularities.
  4. Causing payment of salary to teachers, not on duty e.g. desertions, deceased persons.
  5. Failure to report offenses by teachers.
  6. Forged signatures/stamps
  7. Obtaining registration through fraudulent means.
  8. Submission of incorrect staff returns.

 The above-listed offences breach clause (d)

Evidence Evidence

  • Sample signature/rubber stamps
  • Copies of forged documents/certificates
  • Confirmation of certificates by the issuing bodies e.g. KNEC, universities.
  • Investigation reports.
  • Statements by those impersonated/witnesses/experts in the related fields.

G. MISMANAGEMENT/MISAPPROPRIATION/EMBEZZLEMENT OF PUBLIC FUNDS

Mismanagement is handling of public funds and/or property in an efficient, irregular or in any manner likely to cause loss to the institution.

Misappropriation is use of public funds for unauthorized purposes by a teacher.

Embezzlement is the fraudulent conversion of public funds and property entrusted to a teacher to personal use.

Loss of public funds through negligence. Failure to account for public funds as per the law.

The above-listed funds break clause (e)

Evidence required

  • Final audited accounts/annual audited reports/interim audited accounts, promissory notes.
  • Investigation reports, relevant financial and accounting documents.
  • Financial reports present to BOM and minutes.

H. CONVICTION OF CRIMINAL OFFENCE

A teacher is interdicted upon conviction (i.e. being found guilty of a criminal offense) jailed/fined or non-custodial sentence.

Conviction of a sexual offence or any offence which in the opinion of the Commission renders the person unfit to be a teacher.

The above-listed issue breaks clause (f)

Evidence Required

  • A copy of charge sheet showing nature of the offence.
  • Certified copies of court proceedings and judgment.
  • Letters from authority reporting the arrest/reports.
  • Casualty return showing the date arrest/imprisonment.

DOWNLOAD FREE SCHOOL RESOURCES USING THE LINKS BELOW:

GRADE 1, 2, AND 3 (COMBINED) EVALUATION ASSESSMENT TESTS SET
PRIMARY SCHOOL CLASS 5, 6, AND 7 EXAMS
PRIMARY SCHOOL CLASS 8 EXAMS
HOLIDAY ASSIGNMENTS CLASS 4 – 8
HIGH SCHOOL RESOURCES
UPPER PRIMARY SCHOOL RESOURCES
PRE-PRIMARY (PP1-PP2) SCHOOL MATERIALS
GRADE 1- 4 MATERIALS
UNIVERSITY RESOURCES
COLLEGE RESOURCES
causes of teacher interdictionevidences requiredImmoral behaviorprofessional misconductTeachers Service Commission TSCTSC clauses breached by offencesTSC interdictionTSC offences