Comprehensive Overview of TSC Bill on Teacher Disciplinary Offences
The proposed Teachers Service Commission (Amendment) Bill, 2024, is set to bring about significant changes in the education sector, particularly concerning the disciplinary framework for educators.
A crucial aspect of this bill lies in the detailed Third Schedule, outlined in Section 35C. This schedule meticulously delineates disciplinary offences within the teaching service, addressing moral conduct, professional behavior, financial improprieties, and adherence to guidelines.
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In this comprehensive exploration, we delve into the intricate details of the bill, shedding light on each aspect of the proposed amendments.
Disciplinary Offences in the Teaching Service:
The Third Schedule categorizes disciplinary offences into various domains, emphasizing both moral and professional conduct. These offences include:
(a) Immoral Behavior with a Learner:
i. Sexual intercourse
ii. Sodomy
iii. Homosexuality
iv. Sexual harassment or flirtation
v. Love relationship
vi. Exposure to pornography
vii. Buying gifts intended to influence learners into immoral conduct
viii. Aiding immoral conduct
(b) Professional Misconduct:
i. Negligence of duty
ii. Chronic lateness to duty
iii. Chronic absenteeism
iv. Desertion
v. Incitement
vi. Insubordination
vii. Poor performance of duty
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(c) Infamous Conduct:
i. Drunkenness
ii. Fighting
iii. Use of vulgar and abusive language
iv. Cyberbullying
(d) Other Offences:
- Sending or hosting learners in teachers’ residences, guest houses, hotels, lodging
- Engaging learners to undertake household chores at teachers’ residenceg. Submitting forged documents to the Commission to influence decision-making processes
- Falsification and alteration of official documents or data
- Mismanagement, misappropriation, and embezzlement of public funds
- Violation of procurement regulations
- Engaging in fraudulent activities that contravene the provisions of this act and the regulations made herein
- Violation of guidelines and directions issued or disseminated by the Commission.
- Undertaking or facilitating holiday tuition
- Charging unauthorized fees and levies
- Withholding learners’ National Examinations certificates
- Administration of corporal punishment
- Exposing learners to and/or supplying them with illicit drugs and psychotropic substances
- Failure to register candidates for national examinations
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- Commission of, and/or abetting any act leading to examination irregularities as provided under the Kenya National Examination Council Act and regulations
- Falsifying school enrollment data
- Aiding an unregistered person to gain employment as a teacher
- Theft of institutional property
- Giving false or misleading information to the Commission
- Engaging in other gainful employment while an employee of the Commission.
- Conviction on a criminal offence by a Court of law which renders an employee unfit to remain in employment
- Any other offence as may be provided in the Regulations
Implications of the Proposed Amendments:
The comprehensive list of disciplinary offences indicates a commitment to maintaining the highest standards of conduct within the teaching service. By addressing moral, professional, financial, and administrative aspects, the bill aims to create a conducive and ethical environment for educators and learners alike.
Conclusion:
As the education sector braces for reform, the Teachers Service Commission (Amendment) Bill, 2024, stands out for its meticulous approach in addressing disciplinary offences.
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The proposed amendments not only underscore the importance of ethical conduct but also signal a commitment to fostering a learning environment characterized by professionalism, transparency, and accountability.
The implications of these changes extend beyond individual educators to the broader education landscape, shaping a future where the highest standards are upheld within the teaching service.
Comprehensive Overview of TSC Bill on Teacher Disciplinary Offences