TSC interdiction process

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The Teachers service Commission,TSC ,has a responsibility to ensure their is discipline among teachers and that the code of conducts is adhered to. But before a teacher is disciplined there is a dismissal or interdiction process that is followed to confirm if the accused teacher is indeed guilt of the accusation.

The process of interdiction and disciplinary by the TSC is as follows;

1.Reporting of a misconduct

Any allegations of misconduct against a teacher are reported to any of the following:

• The TSC Secretary

• The County Director

• The head of institution

• The Board of Management Secretary

• Any government law enforcing agency e.g the EACC and Police

The report may be made through writing or verbally.

2. Investigating the allegations

Upon receiving the report on the allegations, the TSC carries out investigations; directly or through its agents like: the BOM(Board of Management), Head of institution or the County Director.

3. Interdiction process

After the investigations and they reveal gross misconducts then the Teachers service Commission or the Board Of Management issues the teacher with a letter of interdiction specifying the actual allegations against the teacher.

4. Proceeding for interdiction

The interdicted teacher must clear and leave the educational institution within 2days (48 hours) upon receiving the letter of interdiction.

5.Salary status during interdiction

An interdicted teacher shall be paid half salary during the period of interdiction except if the interdiction is due to;

• Chronic absenteeism
• Desertion of duty
• Having been jailed or held in legal custody Misappropriation or mismanagement of public funds
• Fraudulent claims and funds receipt
• Use of false certificates
• Forgery
• Impersonation
• Collusion
• Immoral behaviour

6.Reporting status of interdicted teacher

An interdicted teacher shall be required to report to the Teachers Service Commission’s nearest Sub-County office once a month. This is done in order to monitor progress of discipline case and to provide an updated contact address.

7. Invitation to appear before a disciplinary panel

An interdicted teacher shall receive official written communication for the hearing of the discipline case at least a month before the date of hearing. The communication is done through:

• The teacher’s last known address
• The address of the teacher’s next of kin
• Hand delivery
• The last station of work (before interdiction) Through the head of institution
• The permanent address provided by the teacher at recruitment
• A telephone call to the teacher
• An email to the teacher
• An SMS to the teacher’s phone number
• The Teachers Service Commission website

8.Composition of the Disciplinary Panel

Administration of a disciplinary process shall be at the County offices of Commission’s head quarters.
The panel shall consist of:

• A TSC’s representative (Chair)

• 2 directors

• An officer from division dealing with matters touching on the discipline(EACC)

9.Powers of the disciplinary panel

Administer oaths, invite witnesses, require the teacher to produce identification and professional documents, inform teacher of offence committed and allowing such a teacher to give defense, examine witness and allow the teacher to identify witnesses.

10. Determination of a discipline case

Within 28 days after the hearing date, TSC shall inform the teacher of its decision regarding the disciplinary case and give adequate reasons for decision arrived at.

11. Administering disciplinary action

After hearing the disciplinary case, the Teachers service Commission, TSC , may determine that:

• The teacher is not guilty of the offence and shall revoke the interdiction.
• A teacher has committed an offence that does not warrant removal from the register and may: warn the teacher in writing, surcharge the teacher, suspend the teacher for a period not exceeding 6 months without pay, retire the teacher in the public interest, dismiss the teacher from the teaching service, refer the teacher for medical evaluation to determine suitability of the teacher to continue executing teaching services.
• A teacher is guilty of the offence and his name be removed from the register.

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