By Allan Kibet
Teaching, just like any other profession is guided by rules and regulations that ensure ethics and professionalism is met.
As stipulated in the third schedule of the Teachers Service Commission (TSC) Act, 2012 in the Constitution of Kenya, common offenses that my lead a teacher into punishment, more so, interdiction are divided into two; Immoral behavior and professional misconduct. If one avoids those two, can rest assured to enjoy a good professional, teaching career.
The best way to keep oneself out of trouble due to immoral behavior is by avoiding the following issues: sexual intercourse, sodomy, lesbianism, sexual harassment or flirtation or indecent Act, love relationship and exposure to pornographic material.
If a teacher is suspected of engaging in one of the vices and a case is presented to the employer, the TSC will only rely on evidence in the form of handwritten statements from victims or witnesses, exhibits such as; love letters, photographs, gifts, agreements and court proceedings. Further evidences can be informed by investigation reports by heads of Institutions, County Directors or Sub-County Directors, minutes of BOMs following interviews of pupils or students, teachers and other witnesses and eventually minutes from the County Discipline Panel minutes.
On issues with professional misconduct, there are eight categories that may lead a teacher into trouble; Negligence of duty, Chronic Absenteeism, Desertion of duty, Insubordination, Infamous conduct in any professional respect, Forgery/ impersonation/collusion/ Fraud and corrupt deals/Bribery, Mismanagement/Misappropriation/ Embezzlement of Public funds and Conviction of Criminal Offence. Below is the breakdown.
Negligence of duty may be described by the following:
- 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
Chronic Absenteeism
- Persistent/repeated absence from duty without permission
- Lateness for duty
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
Insubordination
Failure to obey official direction or instructions from supervisors e.g. Commission Secretary Heads of Institutions, 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
- Failure to adhere to recruitment guidelines
- Teaching without a teaching certificate
- Proceeding for other assignments not organized by the Commission without formal release
- Failure to release a teacher to proceed on transfer
- Administering corporal punishment
- Failure to submit probation report in respect of a newly recruited teacher at the expiry of probation period
- Excluding a teacher from the time table without authority from the Commission
- Pecuniary embarrassment including, but not limited to failure to honour financial obligation as they fall due
- Failure to submit required reports within the stipulated period.
- Failure to adhere to health and safety rules
- Failure to complete and submit Appraisal Report
- Refusal to discuss Appraisal Report with the supervisor; or
- Any other form of insubordination that in the opinion of the Commission warrants disciplinary action.
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; or
Forgery/impersonation/collusion/ Fraud and corrupt deals/Bribery
- Causing payment of salary to teachers not on duty e.g. deserters, 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
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
Conviction of Criminal Offence
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
There are varied evidences, depending on the offenses; some range from financial reports, statements from BOM, teachers and students/pupils, investigation reports, show cause letter and Statement from witnesses among others.
