TSC Dismissal: Reasons, Process, and Consequences

TSC Dismissal Reasons, Process, and Consequences
TSC Dismissal Reasons, Process, and Consequences

Discovering that the Teachers Service Commission (TSC) has decided on dismissal is undoubtedly distressing for any teacher.

This article sheds light on the reasons that can lead to dismissal, the meticulous process involved, and the severe consequences that follow.

Reasons for TSC Dismissal

  • Immoral Behavior Towards Learners

Includes sexual intercourse or abuse, sodomy, lesbianism, and sexual harassment.

TSC takes a strong stance against any form of inappropriate conduct with students.

  • Fraudulent Means for Registration or Employment

Obtaining registration, employment, or promotion through deceptive methods is a serious offense.

TSC emphasizes the importance of integrity in the hiring and promotion processes.

  • Conviction of Sexual or Criminal Offense

Any conviction related to sexual offenses or crimes against learners or colleagues can result in dismissal.

Criminal offenses that render a person unfit to be a teacher are grounds for severe action.

  • Forgery, Impersonation, and Presenting False Documents

Engaging in forgery, impersonation, or presenting forged documents to the Commission is strictly prohibited.

TSC maintains a zero-tolerance policy for dishonesty in official documents.

  • Mismanagement, Misappropriation, and Embezzlement of Funds

Teachers found guilty of mismanaging, misappropriating, or embezzling public funds face dismissal.

TSC emphasizes financial transparency and accountability in educational institutions.

  • Theft of Educational Institution Property

Theft of property belonging to an educational institution is a grave offense.

TSC aims to ensure a safe and secure learning environment for students.

  • Incitement

Engaging in activities that incite unrest or disrupt the harmony within the educational system is unacceptable.

TSC prioritizes a positive and conducive learning atmosphere.

The TSC Dismissal Process

The dismissal of a teacher by TSC is a meticulous process that adheres to due discipline.

The steps involved are as follows:

  • Investigation

TSC initiates an investigation upon receiving a complaint or discovering misconduct.

Thorough examination of evidence and statements is conducted.

  • Disciplinary Proceedings

Formal disciplinary proceedings take place, allowing the teacher to present a defense.

The proceedings aim for fairness and justice in evaluating the allegations.

  • Decision and Gazette Notification

If the teacher is found guilty, TSC makes the decision to dismiss.

The teacher’s details are gazetted, and their name is removed from the TSC register.

  • Loss of Benefits

Dismissed teachers lose all accrued benefits, including pensions.

TSC ensures that the consequences serve as a deterrent against misconduct.

Consequences of TSC Dismissal

  • Removal from TSC Register

Dismissed teachers have their names removed from the TSC register, impacting their teaching career.

  • Publication in Kenya Gazette

The names of deregistered teachers are published in the Kenya Gazette, making the dismissal public.

  • Loss of Accrued Benefits

Dismissed teachers forfeit all accrued benefits, emphasizing the gravity of TSC’s decision.

  • Professional Repercussions

Dismissal can have lasting effects on a teacher’s professional reputation and future employability.

Below is a sample of a TSC dismissal letter;

RE: NOTICE OF REMOVAL FROM THE REGISTER OF TEACHERS

Pursuant to the hearing of your discipline case on… …..,……..,I am directed by the Teachers Service Commission to say that as a result of proceedings under Section 33 of the Teachers Service Commission Act, No. 20 of 2012, the Commission has determined that your name be removed from the Register of Teachers with effect from … …for the following reasons: (insert reasons)

You have a right of Review against the decision which must be exercised within ninety (90) days of the date of this notice. Any application for Review must conform to the Kenya Subsidiary Legislation, 2015 t22t provisions of Regulation 155 of the Code of Regulations for Teachers and should be submitted to the Secretary, Teachers Service Commission, Private Bag -00100, Nairobi.

If, on expiry of ninety (90) days from the date of this notice, no application has been made as aforesaid or if the application is withdrawn or dismissed, your name will forthwith be removed from the Register of Teachers.

I draw your attention to Section 23 (2) as read together with Section 30 (5) of the Act to the effect that “a teacher whose name has been removed lrom the Register shall cease to be a teacher for the purposes of this Act with effect lrom the date of such removal and shall not engage in the teaching service”.

Your attention is further drawn to Section 3l (2) of the Act, which provides that, an application for reinstatement to the Register of Teachers will only be considered by the Commission after eighteen ( I 8) months from the date of removal.

Conclusion

Understanding the grounds for TSC dismissal, the rigorous process involved, and the severe consequences is crucial for teachers to maintain professionalism and ethical conduct.

TSC’s commitment to upholding standards ensures a positive and secure learning environment for students while safeguarding the integrity of the teaching profession.

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