Offences and Misconducts that can lead to teacher interdiction by TSC
Immoral Behaviour, professional misconduct, infamous conduct Means anything, not in conformity with accepted principles of right and wrong behaviour. Wicked character, not in conformity with the accepted standards of proper behaviour.
The Teachers Service Commission may take disciplinary action against teachers who commits any of the following offenses:
a) Immoral behaviour, including but not restricted to:
- Sodomy
- Sexual intercourse
- Sexual harassment
- Lesbianism and
Required Evidence
- Handwritten statements from victims or witnesses
- Exhibits such as
- love letters
- court proceedings
- investigation reports by heads of institutions, county Directors or Sub-County Directors
- Minutes of BOM following interviews with pupils or students, teachers and any other
- witnesses
- photographs
- gifts
- agreements
- County discipline minutes.
b) Professional misconduct including but not restricted to:
- Desertion Incitement and
- Negligence of duty
- Chronic absenteeism
- Lateness to duty
- Insubordination
c) Infamous conduct including but not restricted to:
- Fighting
- Chronic absenteeism
- Drunkenness
- Conduct or behaviour which in the opinion of the Commission contradicts the spirit and tenor of Chapter six of the Constitution
- Mismanagement, misappropriation and embezzlement of public funds
- Forgery/ presentation of forged documents
- Any other act of conduct that is incompatible with the teaching profession
Required Evidence
- Minutes where teacher and witnesses were interviewed.
- Investigation reports.
- Statements from witnesses.
- Staff meeting minutes.
- Police reports.
- Written reports by agents/County Directors/Supervisors.
- Statements from witnesses.
d) Forgery/Impersonation/Collussion/Fraud And Corruption/Bribery
a. Submission of forged certificates.
b. Misrepresentation/falsifying information.
c. Some examination malpractices/irregularities.
d. Causing payment of salary to teachers, not on duty e.g. desertions, deceased persons.
e. Failure to report offences by teachers.
f. Forged signatures/stamps
g. Obtaining registration through fraudulent means.
h. Submission of incorrect staff returns.
The above-listed offences breach clause (d)
Required Evidence
Sample signature/rubber stamps
Copies of forged documents/certificates
Confirmation of certificates by the issuing bodies e.g. KNEC, universities.
Investigation reports.
Statements by those impersonated/witnesses/experts in the related fields.
MISMANAGEMENT/MISAPPROPRIATION/EMBEZZLEMENT OF PUBLIC FUNDS
Mismanagement is handling of public funds and/or property in an efficient, irregular or in any manner likely to cause loss to the institution.
Misappropriation is the use of public funds for unauthorized purposes by a teacher. Embezzlement is the fraudulent conversion of public funds and property entrusted to a teacher for personal use.
Loss of public funds through negligence. Failure to account for public funds as per the law. The above-listed funds break clause
Required Evidence
- Final audited accounts/annual audited reports/interim audited accounts, promissory notes.
- Investigation reports, relevant financial and accounting documents.
- Financial reports present to BOM and minutes.
CONVICTION OF CRIMINAL OFFENCE
A teacher is interdicted upon conviction (i.e. being found guilty of a criminal offence) jailed/fined or non-custodial sentence. Conviction of a sexual offence or any offence which in the opinion of the Commission renders the person unfit to be a teacher.
Required Evidence
- A copy of the charge sheet showing the nature of the offence.
- Certified copies of court proceedings and judgment.
- Letters from authority reporting the arrest/reports. Casualty return showing the date arrest/imprisonment
Offences and Misconducts that can lead to teacher interdiction by TSC
