OFFENCES AND EVIDENCE REQUIRED FOR JN’IERDICTION
The following are the common offences for which a teacher can be interdicted as stipulated in the TSC Act 2012 third schedule and the supportive evidence required to support each offence:-
| S/N 1 | OFFENCE Immoral Behavior • Sexual intercourse • Sodomy • Lesbianism • Sexual harassment/flirtation/Indecent /\ct”‘ • Love Relationship > • Exposure to pornographic materials.. | Clause breached (a) (i) (a) (ii) (a) (iii) (a) (iv) | EVIDENCE • Handwritten statements from victims/witnesses • Exhibits – 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 pupils/students, teachers and other witnesses • County Discipline Panel minutes | ||||||||||||||||||||||||||||||||
| 2. a. | Professional Misconduct Negligence of duty | (b(i) | l | • Staff meeting minutes | |||||||||||||||||||||||||||||||
| • Willful neglect to perform any work or careless or improper performance of any work assigned to the teacher • Failure to teach scheduled lessons | • Police reports • Written reports by agents/ County Directors/ Supervisors | ||||||||||||||||||||||||||||||||||
| • Failure to prepare professional documents e.g. schemes of work • Allowing examination cheating | • Statements from witnesses • Minutes of the BOM, minutes where teacher and | ||||||||||||||||||||||||||||||||||
| • Grading fake marks | witnesses were interviewed | ||||||||||||||||||||||||||||||||||
| • Failure to perform T.O.D. duties | • Investigation reports | ||||||||||||||||||||||||||||||||||
| • Failure to attend School assemblies | • Statement from witnesses | ||||||||||||||||||||||||||||||||||
| and official meetings | |||||||||||||||||||||||||||||||||||
| • Failure to take students for official | |||||||||||||||||||||||||||||||||||
| duty/functions | |||||||||||||||||||||||||||||||||||
| b. Chronic Absenteeism Persistent/repeated absence from duty without permission • Lateness for duty | (b)(iii) | • Casualiy returns • Letters from relevant authorities reporting the teachers absence • Monthly staff returns • Warning/show cause letters for absenteeism • Daily attendance registers/ Clock in register | |||||||||||||||||||||||||||||||||
| c. Desertion of duty Absence from duty for 14 continuous days (without written permission) including weekends and public holidays. These may include: • Failure to report for posting after expiry of study leave • Proceed on study leave without approval • Failure to report to new station after release | (b)(iv) | • Casualty returns • Leiter from authorities reporting teacher’s desertion/ release or reporting for duty. • Letter granting study leave stating when to resume duty • Monthly staff returns | |||||||||||||||||||||||||||||||||
| d. Insubordination Failure to obey official/instructions from supervisors e.g. Commission Secretary Heads of Institutions, County Directors and Sub-County Directors e.g.: • Failure to respond to letters from supervisors • Failure to take up posting after disciplinary | (b)(vi) | • Written reports by agents/County Directors/ Supervisors • Letters giving directives/ instructions and evidence of failure to adhere • Statement from witnesses | |||||||||||||||||||||||||||||||||
| process/transfer/ deployment • Proceeding on transfer without formal release | • Minutes of the BOM, minutes the teacher | Full where and | |||||||||||||||||||||||||||||||||
| • 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 adhere to recruitment guidelines • Teaching without a teaching certificate • Proceeding for other assignments not organized by the Commission without formal release | witnesses were interviewed • Minutes of disciplinary panel • Investigation reports • Staff meeting minutes • Police reports • Medical reports ——- | ||||||||||||||||||||||||||||||||||
| r • Failure to release a teacher to proceed on transfer • Administering corporal punishment • Failure to submit probation report in respect of a newly recruited teacher at the expiry of probation period • Excluding a teacher from the time table without authority from the Commission • Pecuniary embarrassment including, but not limited to failure to honour financial obligation as they fall due • Failure to submit required reports within the stipulated period. • Failure to adhere to health and safety rules • Failure to complete and submit Appraisal Repor • Refusal to discuss Appraisal Report with the supervisor; or • Any other form of insubordination that in the opinion of the Commission warrants disciplinary | |||||||||||||||||||||||||||||||||||
| + =ac=ti–o=n.= | =::.:. 1 + | ||||||||||||||||||||||||||||||||||
| e. Infamous conduct in any professional respect e.g. • Drunkenness or any form of intoxication during working hours. • Fighting in public or any violent behavior that may bring the profession to disrepute • Conduct or behavior which contravenes Chapter Six (6) of the Constitution; or | (c)(i) (c)(ii) (c)(iii) | • Written reports by agents • Show eause letters • Statement from witnesses • Minutes of the full BOM, minutes where the teacher and witnesses were interviewed • Investigation reports • Police reports • Medical reports | |||||||||||||||||||||||||||||||||
| f. Forgery /impersonation/collusion/ Fraud and corrupt deals/Bribery • Causing payment of salary to teachers not on duty e.g. deserters, deceased persons • Failure to report offences by teachers. • Forged signatures/stamps • Obtaining registration through fraudulent means • Submission of incorrect staff 3 | (d) | • Sample signatures/rubber stamps. • Copies of forged documents/ certificates • Confirmation of certificates by the issuing bodies e.g. KNEC, universities • Investigation reports • Statements by those impersonated/witness/ experts in the related | |||||||||||||||||||||||||||||||||
| . ‘ . ‘ . ‘ | |||||||||||||||||||||||||||||||||||
| returns • Submission of forged certificates • Misrepresentation/falsifying information • Some exam malpractices/ irregularities | fields. | ||||||||||||||||||||||||||||||||||
| g. | Mismanagement/Misappropriation/ Embezzlement of Public funds Mismanagement is handling of public funds and/or property in an inefficient, irregular or in any manner likely to cause loss to the institution. | (e) | • Financial reports presented to BOM and minutes • Final audited accounts/ Annual audited reports/ interim audited accounts, promissory notes | ||||||||||||||||||||||||||||||||
| Misappropriation is use of public funds for unauthorized purposes by a teacher. | • Investigation reports relevant financial and accounting documents. | ||||||||||||||||||||||||||||||||||
| 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 | |||||||||||||||||||||||||||||||||||
| h. | Conviction of Criminal Offence A teacher is interdicted upon conviction (being found guilty of a criminal offence). Jailed/fine or non custodial sentence. • Conviction of a sexual offence or any offence against a learner • Conviction of a criminal offence which in the opinion of the Commission renders the person unfit to be a teacher | (f) | • Casualty return showing the date of arrest/imprisonment • Copy of charge sheet showing nature of offence • Certified copies of court proceedings and judgment (CPJ) • Letters from authority reporting the arrest/ reports | ||||||||||||||||||||||||||||||||
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