TSC NEWS: TSC INTRODUCES CHARGES FOR THE REVIEW OF DISCIPLINARY CASES
TEACHERS WHO WOULD LIKE TO HAVE THEIR DISCIPLINARY CASES REVIEWED BY THE TEACHERS SERVICE COMMISSION WILL FROM NOW HENCEFORTH PAY KSHS 2, 000 READ THE DETAILS BELOW
The Teachers Service Commission, TSC has introduced charges for teachers who would like to have the Commission review their disciplinary cases after the first hearing.
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According to the TSC’s latest circular, any teacher who is dissatisfied with the Commission’s decision regarding his or her disciplinary case will be forced to part with Kshs 2, 000 for the case to be heard again.
The TSC Circular on the review of TSC disciplinary cases requires teachers to deposit Kshs 2, 000 in their name to the following bank account details
TSC DISCIPLINARY CASES’ REVIEW BANK ACCOUNT DETAILS
BANK NAME: NATIONAL BANK OF KENYA, NBK
BRANCH NAME: HARAMBEE AVENUE
ACCOUNT NAME: TS-SECRETARIAT
ACCOUNT NUMBER: 01001005707400
The teacher should then forward the bank deposit slip to the TSC headquarters (Discipline Division) for further processing of the review application.
THE TSC DISCIPLINARY ACTION
The Teachers Service Commission has the mandate to discipline teachers who go against the TSC Code of Conduct and Ethics which govern teachers’ behaviour.
Teachers who violate these regulations are likely to face disciplinary action from the Commission which may include and administrative warning, an interdiction or dismissal depending on the offence committed.
THE TSC DISCIPLINARY PROCESS
-The head of an institution issues a verbal or written warning once the teacher in question commits the offence.
-If the teacher continues to breach the TSC Code of Conduct despite receiving an administrative warning, s/he will be required to write “a show-cause letter” explaining why the Commission should not take disciplinary action against him or her.
-Depending on the explanation offered by the teacher, the head of the school may give the teacher a warning or forward the case to a TSC agent.
IF THE DISCIPLINARY CASE IS FORWARDED TO A TSC AGENT, S/HE SHALL:
1. Conduct a thorough investigation and collect evidence on the case in question.
2. Give the accused teacher a chance to defend himself or herself in writing against the allegation(s) levelled against him or her.
3. The next step involves the calling of witnesses to provide evidence in the presence of the teacher in question.
4. The accused teacher will then be given a chance to cross-examine every witness.
5. In case the accused teacher fails to turn up for this process, then the agent shall interdict him or her.
N/B: THERE ARE THREE POSSIBLE DECISIONS BY THE AGENT:
a. Warn the accused teacher (Issuing an administrative warning)
b. Interdict the accused teacher
c. Dismiss the case (No case to answer).
If a teacher commits a serious offence, then the TSC or the agent can interdict the teacher without inviting him or her to the preliminary hearing of the case.
IN CASE OF AN INTERDICTION
The interdicted teacher should:
– Clear and leave the school within 48 hours (2 days) after receiving the interdiction letter.
– Write a defence statement within three weeks (21 days) from the date of the interdiction and give a contact address.
The case will be heard within three months. If the Commission fails to do so then the accused teacher should make a follow- up.
CAN A TEACHER BE PAID HIS OR SALARY DURING INTERDICTION?
A teacher who commits the following offences shall receive half salary during the interdiction period:
Desertion of duty
Having been jailed or held in legal custody
Mismanagement of public funds
Immorality (Carnal Knowledge with students, CK)
The interdicted teacher is expected to report- once a month to the Teachers Service Commission’s nearest sub-county office. This helps in providing the most recent contact address of the teacher.
TSC DISCIPLINARY PANEL
The TSC shall then compose a disciplinary panel who shall determine the outcome of the case in question.
Within 28 days after the hearing of the case, the TSC shall inform the accused teacher of the decision arrived at and give a plausible explanation.
If the teacher is not guilty, the TSC shall revoke the interdiction.
If the teacher is guilty then s/he may be forced to retire due to public interest or be dismissed.
The teacher can also be deregistered by the TSC.