OFFENCES, CLAUSES BREACHED AND EVIDENCE REQUIRED FOR INTERDICTION
Below are offences that can lead to a teacher being interdicted by TSC. We have classified them into two broad categories; Immoral behavior and Professional misconduct.
1. IMMORAL BEHAVIOR
(a) Sexual intercourse
(b) Sodomy
(c) Lesbianism
(d) Sexual harassment/flirtation/indecent Act
(e) Love relationship
(f) Exposure to pornographic materials
CLAUSE BREACHED
(a) (i) (a) (ii) (a) (iii) (a) (iv)
REQUIRED EVIDENCE
(i) Handwritten statement from victims/witnesseS
(ii) 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
(a) Willful neglect to perform any work or careless or improper performance of any work assigned to the teacher.
(b) Failure to teach scheduled lessons .
(c) Failure to prepare professional documents e. g. schemes of work.
(d) Allowing examination cheating.
(e) Grading fake marks.
(f) Failure to perform T.O.D. duties.
(g) Failure to attend school assemblies and official meetings.
(h) Failure to take students for official duty/functions.
CLAUSE BREACHED
(b) (i)
REQUIRED EVIDENCE
(i) Staff meeting minutes.
(ii) Police reports
(ii) Written reports by agents/County Directors/Supervisors.
(iii) Statements from witnesses.
(iv) Minutes where teacher and witnesses were interviewed.
(v) Investigation reports.
(vi) Statement from witnesses.
B. CHRONIC ABSENTEEISM
(a) Persistent/repeated absence from duty without permission
(b) Lateness for duty
CLAUSE BREACHED
(b) (iii)
REQUIRED EVIDENCE
(i) Casualty returns
(ii) Letters from authorities reporting the teachers absence.
(iii) Monthly staff returns.
(iv) Warning/show cause letters for absenteeism.
(v) 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:
(a) Failure to report for posting after expiry of study leave.
(b) Proceed on study leave without approval.
(c) Failure to report to new station after release.
CLAUSE BREACHED
(b) (iv)
REQUIRED EVIDENCE
(i) Casualty returns.
(ii) Letters from relevant authorities reporting the teacher’s desertion/release or reporting for duty.
(iii) Letter granting study leave stating when to resume duty.
(iv) 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.:
(a) Failure to respond to letters from supervisors.
(b) Failure to take up posting after disciplinary process/transfer/deployment.
(c) Proceeding on transfer without formal release.
(d) Failure to forward correspondence by teachers to and from the Commission.
(e) Failure to handover/takeover an institution upon transfer.
(f) Failure to submit books of accounts.
CLAUSE BREACHED
(b) (vi)
REQUIRED EVIDENCE
(i) Written reports by agents/County Directors/Supervisors.
(ii) Letters giving directives/instructions and evidence of failure to adhere. Statement from witnesses.
(iii) Minutes of the full BOM, minutes where the teacher and witnesses were interviewed.
(iv) Minutes of disciplinary panel.
(v) Investigation reports.
(vi) Staff meeting minutes.
(vii) Police reports.
(viii) Medical reports.
E. INFAMOUS CONDUCT IN ANY PROFESSIONAL ASPECT
Infamous conduct include;
(a) Drunkenness or any form of intoxication during working hours.
(b) Fighting in public or any violent behavior that may bring the profession to disrepute.
(c) Conduct or behavior which contravenes chapter Six (6) of the Constitution.
CLAUSE BREACHED
(c) (i) (c) (ii) (c) (iii)
REQUIRED EVIDENCE
(i) Written reports by agents.
(ii) Show cause letters.
(iii) Statement from witnesses.
(iv) Minutes of the full BOM minutes where the teacher and witnesses were interviewed.
(v) Investigation reports.
(vi) Police reports.
Medical reports.
F. FORGERY/IMPERSONATION/COLLUSION/FRAUD AND CORRUPT DEALS/BRIBERY
(a) Causing payment of salary to teachers not on duty e.g. desertions, deceased persons.
(b) Failure to report offences by teachers.
(c) Forged signatures/stamps.
(d) Obtaining registration through fraudulent means.
(e) Submission of incorrect staff returns.
(f) Submission of forged certificates.
(g) Misrepresentation/falsifying information.
(h) Some exam malpractices/irregularities.
CLAUSE BREACHED
(d)
REQUIRED EVIDENCE
(a) Sample signatures/rubber stamps.
(b) Copies of forged documents/certificates.
(c) Confirmation of certificates by the issuing bodies e.g. KNEC, universities.
(d) Investigation reports.
(e) 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.
CLAUSE BREACHED
(e)
REQUIRED EVIDENCE
(i) Financial reports presented to BOM and minutes.
(ii) Final audited accounts/Annual audited reports/interim audited accounts, promissory notes.
(iii) Investigation reports, relevant financial and accounting documents.
H. CONVICTION OF CRIMINAL OFFENCE
A teacher is interdicted upon conviction (being found guilty of a criminal offence). Jailed/fined 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.
CLAUSE BREACHED
(f)
REQUIRED EVIDENCE
(i) Casualty return showing the date arrest/imprisonment.
(ii) Copy of charge sheet showing nature of offence.
(iii) Certified copies of court proceedings and judgment (CPJ).
(iv) Letters from authority reporting the arrest/reports.
PARTING SHOT
If your actions inspire others to dream more, learn more, do more and become more, you are a leader. ( John Adams)
Tune your students to be hopeful; be psyched and spirited. For men and women are not limited by their place of birth or color of their skin but, the size of their hope. (John Johnson)
The mediocre teacher tells, the good teacher explains, the superior teacher demonstrates; the great teacher inspires (William Arthur Were)
Success is moving from failure to failure without loosing enthusiasm (Winston Churchill)
Let your work be seen and God the Father be your “GOD FATHER”