PROFESSIONAL MISCONDUCTS (OFFENCES)

The following offences/ misconducts may lead to disciplinary action by the Teachers Service Commission:

1. Chronic absenteeism

• -Persistent/repeated absence from duty without permission.
• -Lateness of duty.

2. Desertion of duty

• -Absence from duty for 14 continuous days (without written permission) including weekends and public holidays.
• -Failure to report for posting after expiry of study leave.
• -Proceed on study leave without approval

3. Insubordination

• -Failure to respond to letters from superiors.
• -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.
• -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 honor financial obligation as they fall due.
• -Failure to submit required reports within the stipulated periods.
• -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

4. 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.

5. 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 profession to disrepute.
• -Conduct or behavior which contravenes Chapter Sic (6) of the constitution: or
• -Pecuniary embarrassment including, but not obligations as they fall due.

6. 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.

7. Immoral behavior

• -Sexual intercourse
• -Sodomy
• -Lesbianism
• -Sexual harassment/flirtation/indecent Act.
• -Love relationship
• -Sexual assault.
• -Exposure to pornographic materials.

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TSC PROFESSIONAL MIS-CONDUCT(OFFENCES)/ OFFENCES THAT CAN LEAD TO INTERDICTION/ DISCIPLINARY ACTION

TSC: OFFENCES/ MISCONDUCTS THAT MAY MAKE A TEACHER TO BE REMOVED FROM THE TSC REGISTER/ Deregistered

The Teachers service Commission, TSC, may transfer a teacher from one teaching station institution to another based on:

1. the need for equitable distribution and optimal utilization of teachers
2. availability of a teaching vacancy in the proposed station.
3. the need for replacement
4. existing staffing norms which may be reviewed from time to time
5. medical grounds, as certified by a registered medical practitioner
6. any other grounds that the TSC may consider necessary to warrant the transfer.

When and How can a teacher get transferred:

A teacher may be transferred under the following circumstances:

• After a study leave: A teacher granted a study leave exceeding six months shall apply for posting by the Commission at least thirty days before the expiry of the study leave.
• After a leave granted to spouses of persons in diplomatic service: A spouse of a person in diplomatic mission/ service shall apply to the commission for posting one month before the end of assignment of duty.
• After a disciplinary action like interdiction or suspension for a period not exceeding six months without payment of salaries and allowances.
• After a transfer of service to the public service commission: The TSC may, Where a person applies for a transfer of service from the public commission to the TSC, approve the transfer subject to availability of a vacancy.
• After expiry of tenure at a trade union like the Kenya National Union of Teachers, KNUT, and Kenya Union of Post Primary Education Teachers, KUPPET.
• After a substantive appointment: A teacher who is promoted and substantive appointed will be redeployed/ transferred to another station, subject to availability of such substantive posts like: Headship, Deputy Headship and Senior masters.
• After posting from a primary to a secondary institution.
• After applying to the commission for a transfer on medical grounds, with supportive evidence.
• When working conditions are hostile and may jeopardize the teacher’s well being and security.
• If there is need for equitable distribution and optimal utilization of teachers.
• On an agreeable and tenable swoop request to the TSC.

https://newsblaze.co.ke/toodays-e-papers-news-papers-3-10-2018/

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