The Teachers Service Commission (TSC) takes professional conduct seriously.

One significant aspect is the concept of gross misconduct, which, if proven, can have severe consequences for teachers.

This article delves into the nuances of professional gross misconduct for teachers, exploring what it encompasses and the potential ramifications.

What is Gross Misconduct in Teaching?

Teachers may face accusations of gross misconduct during their careers, a grave allegation that could lead to a ban from the classroom.

Understanding the distinction between ‘misconduct’ and ‘gross misconduct’ is crucial for teachers navigating the intricacies of professional conduct.

Defining Gross Misconduct

Gross misconduct involves serious breaches such as theft, physical violence, gross negligence, or serious insubordination.

School BOMs and TSC agents have the authority to terminate employment immediately if a fair procedure is followed.

Investigations should precede dismissal, allowing the accused employee an opportunity to respond.

Examples of Gross Misconduct

Your school’s disciplinary policy may outline specific instances of gross misconduct, including but not limited to:

Stealing from school and staff members
Sexual misconduct
On-duty influence of non-prescribed drinks or drugs
Deliberate falsification of documentation
Criminal conduct
Violations of equal opportunities, encompassing racial and sexual discrimination
Failure to uphold public trust and ethical standards
Serious misuse of electronic facilities
Breach of confidentiality
Fighting or assault on staff, pupils, or parents
Actions endangering the safety of other employees

Distinguishing ‘Misconduct’ from ‘Gross Misconduct’

Understanding Misconduct

Misconduct refers to the breach of disciplinary rules.

A single instance of misconduct typically does not warrant instant dismissal.

Disciplinary actions are usually taken to address and rectify the misconduct.

Defining Gross Misconduct

Gross misconduct, on the other hand, involves offenses so serious that they undermine the trust between the employee and employer.

If substantiated, it can lead to immediate dismissal. Recognizing this distinction is crucial for assessing the gravity and potential consequences of an alleged misconduct.

Summary Dismissal

Explaining Summary Dismissal

Summary dismissal allows the termination of employment without notice, or payment in lieu of notice.

This extreme measure is reserved for cases of gross misconduct.

However, it must follow fair disciplinary procedures.

Failing to establish facts before taking action or denying the right to appeal can be deemed unfair at an employment tribunal, potentially leading to legal claims against the school.

What Happens if You Are Suspended

Suspension During Investigation

If accused of gross misconduct, you may be suspended pending an investigation.

This temporary removal from duty is a precautionary measure while the school assesses the allegations. It is crucial to cooperate fully with the investigation process.

Conclusion

Maintaining professional conduct is paramount for teachers, and understanding the implications of gross misconduct is crucial.

Teachers in Kenya must be aware of the specific behaviors classified as gross misconduct, the difference between misconduct and gross misconduct, and the potential consequences, including summary dismissal.

By adhering to ethical standards and disciplinary guidelines, teachers can contribute to a positive and secure learning environment.