TSC discipline process for teachers; Interdiction, discipline cases and dismissals

By Editorial Team
The latest teachers' news

As a teacher employed by the Teachers Service Commission (TSC) you may find yourself on the wrong side of the TSC Code of Conduct and Regulations for teachers. You may be involved in an offence and is thus necessary that you understand the TSC discipline process for teachers.

THE TSC DISCIPLINE PROCESS

The discipline process begins in the institutions where teachers are based.  To  enhance quality teaching and learning, it is prudent that teacher managers, administrators/ supervisors are thoroughly conversant with the provisions of legal documents governing the conduct of teachers in the performance of their duties.

Administrators/ are expected to be more knowledgeable of these provisions in order to advise teachers appropriately.

  REPORTING MECHANISM OF ALLEGATIONS AGAINST TEACHERS

Allegations of misconduct against teachers may be reported to any of the following administrative structures:

Any person who believes that a teacher’s conduct is un-professional may lodge a complaint in the following manner:-

 THE INVESTIGATION PROCESSES

Investigation is the examination, study, search for, tracking and gathering of factual information or establish the truth to ensure that miscarriage of justice is not done.

The Code of Regulations for teachers and the TSC Act 2012 mandates the Commission and Boards Of Management to investigate and assemble evidence.

Upon receiving a complaint about a teacher’s conduct, the Commission may proceed to investigate the matter as follows:

Where the allegation is made against a teacher

Where the allegation is made against a head of institution:-

THE STAGES OF THE INVESTIGATION PROCESS

i) Preliminary Stage/Initial Stage
(a)Complaint

The investigating officer records the Complaints as follows:-

b)The  Recording

The Reporting Officer to record main points in summary  as follows:-

In case of sexual intercourse, the reporting party should ensure that the students/pupils, append their name, age signature, admission no./class. There is need for the officer to read the statement and be satisfied that it gives enough information to support the case/claim/ allegation leveled against the accused.

The recorded statement to be read back to her/him.  The investigating officer to record that it was read out and both append their names, signature and identification number.  This is to certify that the record is a true account.

In cases where the complainant can neither read nor write the investigating officer writes the oral evidence in the presence of a credible witness and both to append their signatures/thumb print.

c)Witnesses

Witnesses must record statements and append their names, signature, identification number, admission numbers, class and date. These too should read aloud to the witnesses and should be recorded that this was done in the presence of the witnesses.

Statements written in vernacular should be translated by a credible person  who indicates and signs accordingly

Statements written for witnesses who can not write be acknowledged accordingly and read out to them before they thumb stamp.

 ii) Interview/Inquiry/Hearing Stage

In Law the right to be heard fairly includes the following elements:-

During the hearing stage the following should be observed:-

iii) The Decision stage

During this stage the investigating panel should:-

If the panel is satisfied that there is sufficient evidence of a breach of the Code by a teacher:-

c) Where a teacher’s misconduct is as result of a medical condition, the BOM shall not interdict the teacher but shall investigate, assemble evidence and submit a report to the Commission for administrative action, which may include:

– Grant sick leave;

– Terminate services;

– Recommend his/her case to the Medical Board      for assessment;

– Retire the teacher in public interest;

– Retire the teacher compulsorily;

THE TSC LETTER OF INTERDICTION.

The interdiction letter should be in the prescribed format as provided in the CORT

Only the designated TSC officers  shall interdict. The Secretary to the Board shall only interdict after he/she has been authorized by a minute of the full BOM.

The interdiction letter should be forwarded to the TSC Headquarters with certified copies of all supportive documentary evidence and the investigation report/minutes of the BOM duly authenticated by the investigating officers should accompany it.

NB: The Commission has the discretion to undertake direct investigation or re-investigate into any allegations as it may deem necessary.

THE TSC PROCESS OF INTERDICTION

The Commission/TSC County Director/BOM:

Related Articles
Exit mobile version