TSC Disciplinary Procedures for Teachers: A Comprehensive Guide

TSC Disciplinary Procedures for Teachers: A Comprehensive Guide

The teaching profession is one of great responsibility and trust, and it is essential that educators maintain the highest standards of conduct and ethics. To ensure this, regulatory bodies like the Teachers Service Commission (TSC) have established a set of rules and regulations, as well as a Code of Conduct and Ethics, to which all teachers must adhere.

Wachira Muraya, KNUT Kilifi branch chair, states that many disciplinary issues stem from teachers’ limited understanding of the TSC’s disciplinary procedures. He notes that some cases can be avoided with better orientation and support systems, particularly in remote or under-resourced areas.

“Many teachers face disciplinary cases due to a lack of knowledge. They need proper guidance to avoid such situations,” Muraya said.

Muraya explained that disciplinary matters often result from procedural missteps rather than intentional wrongdoing. He urged the TSC to prioritize teacher sensitization on disciplinary protocols to reduce avoidable dismissals.

In cases where these provisions are violated, a disciplinary process is in place to address the issue. This article will provide an in-depth look at the disciplinary procedures for teachers, including the steps involved and the consequences for misconduct.

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TSC Disciplinary Process for Teachers

Initial Warning: The disciplinary process typically begins with a head of institution issuing either a verbal warning or a written caution to the teacher for minor breaches of the Code of Regulations for Teachers and the TSC Code of Conduct and Ethics.

Show Cause: If the teacher’s misbehavior persists or is more serious in nature, the teacher may be required to show cause why disciplinary action should not be taken against them.

Head of Institution’s Decision: Following the teacher’s response, the head of the institution may serve the teacher with an administrative warning or present the case before an agent appointed by the relevant authority.

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Agent’s Role: The agent’s responsibilities include:

• Investigating and gathering relevant evidence.
• Inviting the accused teacher in writing to defend themselves against specified allegations.
• Calling witnesses to provide evidence in the presence of the accused teacher.
• Allowing the teacher to cross-examine each witness.
• In cases of desertion where the teacher’s whereabouts are unknown, the agent may proceed with interdiction without delay.

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Agent’s Decision: After the preliminary hearing, the agent may reach one of the following decisions:

Interdiction and Defense: An interdicted teacher must provide a defense statement. This must be within 21 days from the date of interdiction, along with a contact address.

A case will usually be heard within three months after interdiction, and teachers experiencing delays are advised to make inquiries.

Salary During Interdiction

During the period of interdiction, the authorities will pay teachers half of their salary if they interdict them for cases involving incitement, insubordination, infamous conduct, or negligence of duty.

KNUT Demands End to Double Punishment for Teachers

The Kenya National Union of Teachers (KNUT) has renewed calls for the repeal of a law that denies pension benefits to teachers dismissed on disciplinary grounds, linking their demand to the official disciplinary framework outlined by the Teachers Service Commission (TSC).

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The union argues that while the TSC Disciplinary Procedures for Teachers serve a necessary role in maintaining accountability, they should not result in financial punishment that strips teachers of their rightful benefits.

KNUT Secretary General Collins Oyuu emphasized that teachers dismissed after years of service should not be denied the pension contributions they made during their careers.

According to Oyuu, financial entitlements must be honored, regardless of how a teacher’s employment ends. Oyuu explained that KNUT’s position was clear: a teacher’s dismissal, even when warranted, should not invalidate their right to benefits accumulated during active service.

“Our proposal as a union is simple—when a teacher is dismissed, for whatever reason, their behavior should not affect the benefits they’ve earned. They should be paid for the time they worked,” Oyuu said.

He further called on the TSC to release pension funds to all eligible teachers, arguing that these deductions are made monthly throughout a teacher’s employment and should not be forfeited due to a disciplinary decision.

Current Policy Rooted in Pensions Act and TSC Guidelines

According to Section 6 of the Pensions Act, the TSC can withhold retirement benefits from teachers dismissed for disciplinary reasons. This aligns with the TSC’s own disciplinary procedures, which outline a clear process involving interdiction, hearings, and potential dismissal in cases of gross misconduct, absenteeism, or professional malpractice.

While KNUT acknowledges the importance of upholding professional standards through these procedures, it criticizes the added financial penalty. Oyuu argued that teachers are already subjected to rigorous disciplinary actions under the TSC framework and should not face further consequences in the form of lost retirement income.

“Our call is rooted in justice,” said Oyuu. “We are not defending misconduct, but every worker deserves to be compensated for the years they have served.”

Conclusion

Maintaining the integrity and professionalism of the teaching profession is crucial for the well-being of students and the education system as a whole. The disciplinary procedures outlined in this article serve as a mechanism to address misconduct among teachers. It ensures fairness and due process.

While upholding the value of the TSC Disciplinary Procedures for Teachers as a tool for maintaining professional standards, the union maintains that retirement benefits are a separate entitlement and should be treated as such.

TSC encourages teachers to familiarize themselves with the Code of Conduct and Ethics. They should also adhere to the highest standards of behavior in their vital role as educators.

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TSC Disciplinary Procedures for Teachers: A Comprehensive Guide