Teachers with disciplinary cases to pay TSC for review of cases

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TSC boss Dr Nancy Njeri Macharia. The Commission is recruiting over 10000 intern teachers so as to bridge the teething staff shortages. Photo/ File — TSC boss Dr Nancy Njeri Macharia. Photo/File.

The Teachers Service Commission, TSC, will now require teachers to pay for a review of their disciplinary cases. The teachers who may be unsatisfied with the Commission’s decision (once their cases are first heard) will now part with Sh2,000 for the cases to be heard again. This is per the latest circular from the the teachers’ employer and which reads;

‘Pursuant to the Fifth Schedule of the Code of Regulations for Teachers 2015, the Commission charges two thousand shillings (Ksh. 2000/-) for application for Review of a discipline case.
In case of application for review of a discipline case, deposit Ksh. 2000 in your name to the bank details below. Forward the bank deposit slip to TSC Headquarters (Discipline Division) to enable processing of your application.
BANK NAME: NATIONAL BANK OF KENYA
BANK BRANCH: HARAMBEE AVENUE
ACCOUNT NAME: TSC – SECRETARIAT
ACCOUNT NUMBER: 01001005707400.’

Teachers who violate the provisions of the Code of Regulations for Teachers and the TSC Code of Conduct and Ethics always face disciplinary action from their employer; the Teachers Service Commission (TSC). This may include warning or interdiction.

Disciplinary Process

A Head of institution may initially issue a verbal warning or caution the teacher in writing on minor breaches.
In case of persistent misbehaviour, the teacher may be required to show cause why disciplinary action should not be taken against him/her.
From the teacher’s response, the head of institution may serve the teacher with a warning or present the case before the agent.

The agent shall;

Investigate and assemble relevant evidence.
Invite the accused teacher in writing to defend himself/herself against specified allegation.
Call witnesses to give evidence in the presence of the accused teacher.
Allow the teacher to cross-examine each witness.
In case of desertion where teacher’s whereabouts is unknown, the agent will interdict without any delay.

After the preliminary hearing the agent may reach any of the following decisions;

No case to answer.
Warn the teacher administratively.
Interdict the teacher.

NB: In some cases TSC or agent can interdict a teacher without inviting him/her for preliminary hearing.

An interdicted teacher should write a defense statement within 21 days from the date of interdiction and provide contact address.

A case will normally be heard within three months after interdiction. In case of delay the teacher is advised to make enquiries.

Salary during interdiction

Teachers interdicted on cases of incitement, insubordination, infamous conduct and negligence of duty will be paid half salary during the period of interdiction.

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Here is a summary of the interdiction and disciplinary process of a teacher:

Reporting 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/ head teacher/ Principal, the Board of Management Secretary or any government law enforcing agency e.g the EACC and Police. The report may be made through writing or verbally
Investigating the allegations: Upon receiving the report on the allegations, the TSC carries out investigations; directly or through its agents like: the BOM, Head of institution or the County Director.
Interdiction process: If the investigations reveal glaring gross misconducts, the TSC or BOM serves the teacher with a letter of interdiction specifying the actual allegations against the teacher.
Proceeding for interdiction: The interdicted teacher or head of institution must clear and leave the educational institution within 48 hours (2 days) upon receiving the letter of interdiction.
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 and immoral behaviour.
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 ascertain progress of discipline case and to provide an updated contact address.
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 and the TSC’s website.
Composition of the Disciplinary Panel: Administration of a disciplinary process shall be either at the County offices of Commission’s head quarters. The panel shall consist of: A TSC’s represemntative (Chair), 2 directors, An officer from division dealing with matters touching on the discipline(EACC, Children’s,)
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 cross examine witnesses.
Determination of a discipline case: TSC shall, within 28 days after hearing date, inform the teacher of its decision regarding the disciplinary case and give adequate reasons for decision arrived at.
Administering disciplinary action: The TSC, after hearing the disciplinary case, 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.