TSC-LETTER-OF-PROBATIONARY-EMPLOYMENT
TSC-LETTER-OF-PROBATIONARY-EMPLOYMENT.

The Teachers Service commission, TSC, may take action against a teacher found to have breached the Code of conduct for teachers. The Commission takes any breach of the articles of the Code seriously and may interdict a teacher who violates any of the articles.

Below is the full list of TSC offences and evidence required for interdiction of a serving teacher, by the Commission:

  1. Immoral behavior

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

Evidence required

  • Handwritten statement from victims/witnessed
  • 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. Professional Misconduct

A. Negligence of duty

  • Willful neglect to perform any work or careless or improper performance of any work assigned to the teacher.
  • Failure to teach scheduled lessons .
  • Failure to prepare professional documents e. g. schemes of work.
  • Allowing examination cheating.
  • Grading fake marks.
  • Failure to perform T.O.D. duties.
  • Failure to attend school assemblies and official
    meetings.
  • Failure to take students for official duty/functions.

Evidence required

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

B. Chronic Absenteeism

  • Persistent/repeated absence from
    duty without permission
  • Lateness for duty

Evidence required

  • Casualty returns
  • Letters from 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.

Evidence required

  • Casualty returns.
  • Letters from relevant authorities reporting the 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 Institution, County Directors and Sub-County Directors . e.g.:

  • Failure to respond to letters from supervisors.
  • Failure to take up posting after disciplinary process/transfer/deployment.
  • 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.

Evidence required

  • Written reports by agents/County Directors/Supervisors.
  • Letters giving directives/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.

E. Infamous Conduct in any Professional Respect

  • 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.

Evidence required

  • Written reports by agents.
  • Show cause 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. desertions, deceased persons.
  • Failure to report offences by teachers.
  • Forged signatures/stamps.
  • Obtaining registration through fraudulent means.
  • Submission of incorrect staff returns.
  • Submission of forged certificates.
  • Misrepresentation/falsifying information.
  • Some exam malpractices/irregularities.

Evidence required

  • 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 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.
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.

Evidence required

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

H. Conviction of Criminal Offense

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.

Evidence required

  • Casualty return showing the date 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.