The Teachers Service commission, TSC, acts tough against a teacher who is 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.
To be on the safe side it is important that you understand the TSC Offences, when they happen and the evidence required.
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FULL LIST OF THE UPDATED TSC OFFENCES
| S/N | TYPE OF OFFENCE |
| 1 | Immoral behavior |
| 2 | Negligence of duty |
| 3 | Chronic Absenteeism |
| 4 | Desertion of Duty |
| 5 | Insubordination |
| 6 | Infamous Conduct in any Professional Respect |
| 7 | Forgery/Impersonation /Collusion/Fraud and Corrupt deals/Bribery |
| 8 | Mismanagement/Misappropriation/Embezzlement of Public Funds |
| 9 | Conviction of Criminal Offense |
Below is the full list of TSC offences and evidence required for interdiction of a serving teacher, by the Commission:
-
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.
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TSC Disciplinary Process: Determination
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.