TSC : Reasons and Evidences for Interdiction of a Teacher

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The Teachers Service Commission (TSC) reserves the right to carry out interdiction against any teacher who violates the Code of Conduct for teachers. Breaches of the Code are treated with utmost seriousness, and TSC may interdict a teacher found in violation of any of its provisions.

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Below is a comprehensive list of offenses recognized by the TSC, along with the necessary evidence required for the interdiction of a serving teacher:

1. **Moral Misconduct**:
– Immoral behavior
– Sexual intercourse
– Sodomy
– Lesbianism
– Sexual harassment, flirtation, or indecent acts
– Engaging in love relationships
– Exposure to pornographic materials

**Required Evidence**:
– Handwritten statements from victims or witnesses
– Exhibits such as love letters, photographs, gifts, or agreements
– Court proceedings
– Investigation reports by school heads, county directors, or sub-county directors
– Minutes of Board of Management (BOM) meetings following interviews of pupils, students, teachers, and witnesses
– County discipline panel minutes

2. Professional Misconduct:
A. Negligence of Duty:
– Willful neglect or careless performance of assigned tasks
– Failure to teach scheduled lessons
– Failure to prepare professional documents like schemes of work
– Allowing examination cheating or grading fake marks
– Neglecting Teacher on Duty (T.O.D.) duties or official obligations such as school assemblies and meetings

**Required Evidence**:
– Staff meeting minutes
– Police reports
– Written reports by agents, county directors, or supervisors
– Statements from witnesses
– Investigation reports

B. **Chronic Absenteeism**:
– Persistent or repeated absence from duty without permission
– Lateness for duty

**Required Evidence**:
– Casualty returns
– Letters reporting the teacher’s absence from authorities
– Monthly staff returns
– Warning or show-cause letters for absenteeism
– Daily attendance registers

TSC CEO Nancy Macharia ; Image/File

C. **Desertion of Duty**:
– Absence from duty for 14 continuous days without permission, including weekends and public holidays
– Failure to report for duty after study leave or transfer

**Required Evidence**:
– Casualty returns
– Letters from relevant authorities reporting desertion or failure to report for duty
– Letters granting study leave and specifying the return date

D. **Insubordination**:
– Failure to obey official instructions from supervisors
– Failure to respond to letters or take up postings

**Required Evidence**:
– Written reports by agents, county directors, or supervisors
– Letters giving directives and evidence of non-compliance
– Statements from witnesses
– Minutes of disciplinary panels or staff meetings
– Police reports

E. **Infamous Conduct**:
– Drunkenness or intoxication during working hours
– Engaging in public fights or violent behavior
– Conduct violating Chapter Six of the Constitution

**Required Evidence**:
– Written reports by agents
– Show-cause letters
– Statements from witnesses
– Investigation reports
– Police reports

F. **Forgery, Impersonation, Collusion, Fraud, and Corruption**:
– Falsifying documents or certificates
– Obtaining registration through fraudulent means
– Misrepresenting information or involvement in exam malpractices

**Required Evidence**:
– Sample signatures or rubber stamps
– Copies of forged documents or certificates
– Confirmation of certificates by issuing bodies
– Investigation reports
– Statements from witnesses or experts

G. **Mismanagement, Misappropriation, Embezzlement of Public Funds**:
– Mishandling public funds or property
– Using public funds for unauthorized purposes
– Fraudulent conversion of public funds for personal use

**Required Evidence**:
– Financial reports and minutes of meetings
– Audited accounts or reports
– Investigation reports and relevant financial documents

H. **Conviction of Criminal Offense**:
– Conviction for a criminal offense, especially those involving learners or rendering the individual unfit to teach

**Required Evidence**:
– Casualty return showing the date of arrest or imprisonment
– Copy of charge sheet
– Certified copies of court proceedings and judgment
– Letters reporting the arrest or conviction from authorities


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