Tag Archives: TSC disciplinary cases

The TSC Disciplinary Process: Interdiction, Hearing of cases, determination and dismissal

As role models, we the Teachers Service Commission (TSC) employees are expected to uphold high standards of discipline and champion for sanity in the society.

We should avoid any action which may go against the expectations,to deliver the best of what our employer requires of us.

The core mandate of the union is to oversee the well being of a teacher,which includes ensuring that he/she doesn’t get into stressful situations due to misconduct.

It’s prudent for the union of this time to adopt a proactive and informative approach to disciplinary issues in order to improve its efficiency.

Teachers are equally advised to be well conversant with the general guidelines and provision of the Code of Regulations for Teachers, CORT.

Teachers who violate the provisions of the Code of Regulations for Teachers and the TSC Code of Conduct and Ethics will face disciplinary action which may include warning or interdiction.

WHEN CAN TSC TAKE DISCIPLINARY ACTION AGAINST A TEACHER

The Commission may take disciplinary action against a teacher who commits any of the following offences: Immoral behaviour, including but not restricted to:

  • Sexual intercourse
  • Sodomy
  • Lesbianism and
  • Sexual harassment
  • Professional misconduct including but not restricted to:
  • Negligence of duty (failure to do the duties as assigned, including not able to meet the set deadline)
  • Lateness to duty
  • Chronic absenteeism
  • Desertion (being absent from duty for 14 days without permission)
  • Incitement
  • Insubordination
  • Infamous conduct including but not restricted to:
    °Drunkeness
    °Fighting
    °Conduct or behaviour which in the opinion of the Commission contradicts the spirit and tenor of Chapter six of the Constitution
  • Forgery/ presentation of forged documents, Mismanagement, misappropriation and embezzlement of public funds, Any other act of conduct that is incompatible with the teaching profession

See also;

The TSC Disciplinary Process

A Head of institution may initially issue a verbal warning or caution the teacher in writing on minor breaches.

In case of persistent misbehavior, the teacher may be required to show cause why disciplinary action should not be taken against him/her. _(Call a union leader immediately to help in writing a response ,which is required within a period of two weeks (14 days).Submit the response on the last day to lock out the principal from amending the allegations)_

From the teacher’s response, the head of institution may serve the teacher with a warning or present the case before the agent.

The agent shall;

✓Investigate and assemble relevant evidence.
✓Invite the accused teacher in writing to defend himself/herself against specified allegation (a two weeks’ notice must be given. Inform the union to send a representative to be part of the panel).
✓Call witnesses to give evidence in the presence of the accused teacher.
✓Allow the teacher to cross-examine each witness. (most witnesses are always coached ,play with their minds to establish if they had a meeting with the accuser before the hearing date)

In case of desertion where teacher’s whereabouts is unknown, the agent will interdict without any delay.

After the preliminary hearing the agent may reach any of the following decisions;

✓No case to answer.
✓Warn the teacher administratively.
✓Interdict the teacher.

NB: In some cases TSC or agent can interdict a teacher without inviting him/her for preliminary hearing.

An interdicted teacher should write a defense statement within 21 days from the date of interdiction and provide contact address ( consult the union in the process). Normally a case will be heard within three months after interdiction.

In case of delay the teacher is advised to make inquiries.

Teachers interdicted on cases of incitement, insubordination, infamous conduct and negligence of duty will be paid half salary during the period of interdiction

TSC Disciplinary Process: Determination

After interdiction and submission of the required evidence the teacher shall be given a chance to defend himself/herself in person before the Commission. A case shall be heard and determined in the absence of the teacher if he/she fails to appear during the hearing.

From the evidence gathered, the Commission may;

✓Revoke the interdiction.
✓Warn the teacher.
✓Suspend the teacher from duty.
✓Dismiss the teacher from service.
✓Retire the teacher in the public interest.
✓Dismiss and remove from the register of teachers.

It is an offence for a teacher to engage in teaching in any institutions (public or otherwise) during the period of interdiction or suspension or on removal from the registry of teachers.

Where a teacher has been suspended from duty, he/she will be posted 14 days before the expiry of the suspension.

A teacher will be posted immediately in cases of revocation and warning. A teacher who does not receive communication within 28 days after hearing should make enquiries to the Commission Headquarters in person.

TSC latest guidelines on handling of teachers addicted to Alcoholism and Drug Abuse

Some teachers employed by the Teachers Service Commission (TSC) are greatly affected by addiction to alcoholism and drug abuse. This hinders their performance of duty. Such teachers may find themselves on the wrong side of the TSC Code of Conduct and Regulations. This includes but not limited to absenteeism.

Alcohol, Drug/Substance Abuse (ADA) contributes to conflict, indiscipline and loss of employees at the workplace. Lack of control of these negative habits has the potential of far reaching effects on the delivery of service and may undermine public confidence in the organization.

The Commission does not, though, victimize such teachers. Instead, teachers with such disorders have been covered in the latest TSC policy on well being of employees. This policy provides guidelines for the prevention and management of Alcohol and Substance Abuse in the Commission.

TSC Intervention measures against Alcohol and Drug Abuse

The Commission considers employees who have alcohol and substance disorder to be psychopathic persons with mental illness. The Commission has therefore adopted the following measures for prevention, management and mitigation of Alcohol and Drug Abuse:

  1. Prohibited the sale and use of alcohol and drugs in all workplaces.
  2. Ensured that employees with alcohol and drug related problems are helped to recover while receiving all services and benefits as stipulated in the Employment contract.
  3. Grants sick leave to all employees with ADA challenges twice within their employment term. Any additional seek leave days shall be granted on a case-by-case basis and at the discretion of the Commission.
  4. Displays and avails Information, Education and Communication (IEC) materials about Alcohol, Drug and substance Abuse at all workplaces.
  5. Supports the formation of psycho-social support networks and encourage employees with ADA issues to join and benefit from the after-care programmes to avoid relapse.
  6. Continuously conducts sensitization programmes on alcohol and substance abuse for employees in all counties

You may also like; Causes of teacher disciplinary cases and how TSC handles them.

Programmes for Alcohol and Drug Abuse

The Commission has undertaken the following programs to alleviate Alcohol and Drug Abuse at the work place.

  1. Established Psycho-social support networks in all counties to assist employees with ADA related challenges.
  2. Identification, assessment and referral of ADA clients for rehabilitation is always done.
  3. Provision of after-care services to ADA clients
  4. Conducts peer education, guidance and counseling programmes on ADA
  5. Established and strengthened of ADA desks in all TSC offices across the country.

In case you come across a teacher suffering from Alcohol, Drug/Substance Abuse (ADA), do not hesitate in informing the Commission through your head of institution. This will go a long way in assisting the teacher to recover from this devastating condition.