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:
- Sexual intercourse
- Sexual harassment
- Lesbianism and
- 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
- County discipline minutes.
b) Professional misconduct including but not restricted to:
- Desertion Incitement and
- Negligence of duty
- Chronic absenteeism
- Lateness to duty
c) Infamous conduct including but not restricted to:
- Chronic absenteeism
- 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
- 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)
Sample signature/rubber stamps
Copies of forged documents/certificates
Confirmation of certificates by the issuing bodies e.g. KNEC, universities.
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
- 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.
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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.
- 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
Revocation/recall of Tsc certificate
Regulation 30 of the TSC Code of Regulations for Teachers (2015) requires the Commission to revoke and recall a Certificate of Registration obtained through;
- A result of mistake or
- Other unlawful means
Removing Teacher’s Name from the TSC Register
- The TSC Act (2012), Regulation 30 requires the Commission to remove from the register the name of a person who:
- Has died,
- The Commission is satisfied has obtained registration through fraudulent means,
- Has been convicted of a sexual offence or an offence against a pupil or a student,
- Has been convicted of a criminal offence that renders the person unfit to be a teacher,
- The Commission considers him/her unfit to teach
Offenses relating to teacher registration
- Falsely or fraudulently represents himself or herself as a registered teacher,
- Not being a registered teacher and teaching or assisting in teaching in any school,
- Causes, permits, or employs a person who is not registered to teach in any school,
- Defaces, amends, or erases any entry in the Certificate of Registration,
- Applies for employment as a teacher under a name other than the full name as it appears on the Register of Teachers,
- Has been removed from the Register of Teachers but continues to teach, or
- Has been removed from the Register of Teachers but continues to hold
- Commits an offense and is subject to a fine of not more than 100,000 shillings or imprisonment for a term not exceeding twelve months, or both.