Understanding the Reasons Behind Teacher Interdiction and the Process Involved
In recent times, the Teachers Service Commission (TSC) has taken action against several teachers in North Eastern Kenya, interdicting them for various reasons.
It’s important to clarify that when teachers are interdicted, it doesn’t necessarily mean they are fired; rather, they face suspension while investigations are conducted.
In this article, we’ll delve into the reasons that can lead to a teacher’s interdiction and the disciplinary procedure involved.
Let’s explore this crucial subject further.
1. Desertion of Duty
One of the primary reasons for teacher interdiction is desertion of duty.
This means being absent from work for a continuous period of 14 days without written permission, including weekends and public holidays.
Examples include failing to apply for sick leave, not reporting for posting after study leave, proceeding on study leave without approval, or not reporting to a new station after being released.
Chronic absenteeism, or persistent and repeated absence without permission, also falls under this category.
Evidence of chronic absenteeism can be found in various records, including casualty returns, letters from authorities, and daily attendance registers.
2. Criminal Convictions
TSC can interdict a teacher who has been convicted of a criminal offense, particularly those involving learners or serious crimes such as murder, robbery, or assault.
These convictions can lead to an interdiction, safeguarding the interests and safety of students.
3. Immoral Behavior:
Engaging in immoral behavior with a learner, whether the learner consents or not, can also result in interdiction.
Immoral behavior is defined as sexual relationships or activities, including sexual intercourse, sodomy, lesbianism, sexual harassment, and any form of sexual advances toward students within an educational institution.
4. Neglect of Duties
Neglecting one’s professional responsibilities can lead to interdiction.
This may include failing to teach scheduled lessons, not preparing professional documents like schemes of work, permitting examination cheating, grading marks dishonestly, or refusing to participate in official duties or co-curricular activities.
5. Insubordination
Insubordination is a serious offense that can lead to interdiction.
It includes failing to obey official instructions from supervisors, not responding to letters from supervisors or show-cause letters, or refusing to take up a new posting after a disciplinary process or transfer.
6. Professional Misconduct
Engaging in any behavior that violates professional ethics in the eyes of the public, such as using abusive language, public fights, drunkenness, indecent dress code, peddling drugs, dealing in pornography, creating disturbances, incitement, or violating constitutional guidelines can also result in interdiction.
7. Forgery, Impersonation, Collusion, and Fraud
Teachers can face interdiction for forgery, impersonation, collusion, and fraudulent activities, including bribery.
This encompasses a range of activities such as forging documents, obtaining registration through fraudulent means, submitting incorrect staff returns, and misappropriating public funds.
8. Economic Crimes and Serious Offenses
Interdiction may also be considered for teachers involved in economic crimes and serious offenses as defined by the Anti-Corruption and Serious Crimes Act (2003).
Economic crimes include fraudulent or excessive payments from public revenues, willful non-compliance with procurement procedures, and mismanagement of funds or expenditure.
Disciplinary Procedure
When a teacher is accused of any of the aforementioned offenses, the discipline process begins in the institution where the teacher is based.
The authority, be it the TSC County Director or the Board of Management, conducts an investigation to establish whether the teacher has a case to answer.
If a case is identified, the teacher is served with an interdiction letter outlining the allegations against them.
The teacher has 48 hours to clear and leave the institution.
It’s worth noting that an interdicted teacher typically receives half their salary during the period of interdiction, except in cases of chronic absenteeism, desertion, legal custody, misappropriation of funds, fraudulent claims, use of false certificates, impersonation, collusion, or immoral behavior.
Conclusion
Teacher interdiction is a complex process aimed at maintaining the integrity of the educational system and the well-being of students.
TSC’s commitment to ensuring the quality and professionalism of the teaching profession is evident through the careful consideration of various factors that can lead to interdiction.
Teachers are expected to adhere to ethical and professional standards to provide a safe and conducive learning environment for all students.
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Mr. Weldon Kosgei, a dedicated educator with the Teachers Service Commission (TSC) in Kenya, brings years of experience and a deep love for education to his role at TSCNewsToday.co.ke. He provides insightful and timely updates on TSC policies, educational trends, and best practices, making his articles valuable resources for educators and administrators. Mr. Kosgei’s commitment to enhancing education shines through in his writing, connecting and inspiring the teaching community across Kenya.
