Offences that can lead to a teacher’s interdiction or dismissal and the evidence required

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In any institution or organization irregardless of whether it is public or private there are gross misconducts by employees that cannot be tolerated by their employers. Teachers are no exception to that , there are gross misconducts that when committed may lead to dismissal or interdiction by the Teachers Service Commission.

According to the guidelines provided in the codes regulating the teaching service in Kenya, management of discipline cases is conducted in a simple, fair and effective manner to ensure there is justice.

Below are some of the offenses that when committed by a teacher may lead to dismissal or interdiction by the Teachers service Commission with immediate effect and evidence required to prove the crime.

1.Immoral behaviour with students and colleagues

Immoral behaviors with students or colleagues such as Sexual intercourse, Sodomy, Lesbianism , sexual harassment or pornographic materials.

Evidence required

  • Handwritten statement from victims/witnesses
  • Love letters
  • Photographs
  • Gifts
  •  Agreements
  •  Court proceedings
  • Investigation reports by heads of institutions, county Directors or Sub-county Directors.
  • Minutes of BOM following interview of students, teachers and other witnesses.
  •  County discipline panel minutes.

2. Insurbodination

Failure to obey instructions or undermining authority e.g. Commission Secretary, Heads of Institution, County Directors e.t.c. These includes;

a)Failing to respond to letters from supervisors.

b) Failure to take up posting after disciplinary process, transfer or deployment.

c) Proceeding on transfer without formal release.

d) Failure to forward correspondence by teachers to and from the Commission.

e) Failure to handover or takeover an institution upon transfer.

f) Failure to submit book of accounts.

Evidence required

  • Written reports by Supervisors.
  • Letters giving instructions and evidence of failure to adhere.
  • Statement from witnesses.
  • Minutes of the full BOM, minutes where the teacher and witnesses were
  • interviewed.
  • Minutes of disciplinary panel.
  • Investigation reports.
  • Staff meeting minutes.
  • Police reports.
  • Medical reports.

3. Negligence of duty

Simple offenses such as these may land one into the bad books of TSC. They include:

a)Failure to take students for official functions.

b)Failure to teach scheduled lessons .

c) Failure to prepare professional documents e. g. schemes of work.

d) Allowing examination cheating.

e) Grading fake marks or favouring some students.

f) Failure to perform duties of the teachers on duty.

g) Failure to attend school assemblies and official meetings requested by B.O.M.

h) Failure to perform any work assigned to the teacher.

Evidence required

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

4. Desertion of duty

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

a) Failure to report for posting after end of study leave.

b) Proceed on study leave without approval.

c) Failure to report to new station after release.

Evidence required

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

5.Chronic absenteeism

This refers to when a teacher has a persistent/repeated absence from
duty without permission or lateness for duty.

Evidence required

  • Letters from authorities reporting the teachers absence.
  • Casualty returns
  • Monthly staff returns.
  • Warning letters for absenteeism.
  • Daily attendance registers

6.Conviction of Criminal Offense

A teacher is deregistered upon conviction or being found guilty of a criminal offence whether Jailed,fine or non custodial sentence hence they are considered unfit to countinue serving as a teacher.

Evidence required

  • Conviction of a sexual offence or any offence against a student.
  • Conviction of a criminal offence which in the opinion of the Teacher service Commission renders the person unfit to be a teacher.

7.Mismanagement/Misappropriation/Embezzlement of Public Funds

Embezzlement is the fraudulent conversion of public funds and property entrusted to a
teacher for personal use.
Mismanagement is the handling of public funds or property in a manner that is likely to cause loss to the school.
Misappropriation is the use of public funds for wrong purposes.

All these can lead to loss of public funds through negligence and failure to account for public funds as required by law.

Evidence required

  • Financial reports presented to Board Of Management and minutes.
  • Final audited accounts
  • Investigation reports, relevant financial and accounting documents.

8. Impersonation/ forgery and bribery deals

If the teacher indulges himself/ herself in forgery, impersonation presenting forged documents to the teachers service commission or if a teacher obtains employment through fraudulent means. These may include;

a) Causing payment of salary to teachers not on duty e.g. desertions, deceased persons.

b) Forged signatures and stamps.

c) Obtaining registration through fraudulent means

d) Submission of forged certificates and documents

e) Falsifying information.

f) Some exam malpractices/irregularities.

Evidence required

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

9. Infamous conduct in any professional respect

If a teacher is involved in the following actions it may lead to he/she dismissal:
1.Drunkenness during working hours.
2.Fighting in public or any form of violence.

Evidence required

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