Identifying TSC Offenses: Spotting Teacher Misconduct
Below are the offenses and misconduct for which a teacher can face disciplinary action by a governing body or commission.
These offenses can be categorized into several groups:
Immoral Behavior:
- Sexual intercourse
- Sodomy
- Lesbianism
- Sexual harassment
These behaviors are considered immoral, and teachers may face disciplinary action if found engaging in any of them.
Professional Misconduct:
- Negligence of duty
- Lateness to duty
- Chronic absenteeism
- Desertion
- Incitement
- Insubordination
Professional misconduct refers to actions that violate the professional responsibilities and duties of a teacher, such as failing to fulfill their obligations or engaging in insubordination.
Infamous Conduct:
- Drunkenness
- Fighting
- Conduct or behavior contrary to the spirit and principles outlined in Chapter six of the Constitution (of the particular country)
- Forgery/presentation of forged documents
- Mismanagement, misappropriation, and embezzlement of public funds
- Any other act or conduct incompatible with the teaching profession
Infamous conduct refers to actions that bring discredit or disgrace to the teaching profession, including engaging in illegal activities, financial impropriety, or other acts that undermine the teacher’s role as a responsible educator.
The disciplinary process for teachers who violate the Code of Regulations for Teachers
Disciplinary Process:
- Verbal or Written Warning: Minor breaches may be initially addressed with a verbal warning or a written caution from the Head of the institution.
- Show Cause Requirement: If the misbehavior persists, the teacher may be required to show cause why disciplinary action should not be taken.
- Agent’s Role: The agent (likely a representative of the governing body or commission) plays a central role in the disciplinary process.
- Investigation and Evidence: The agent will investigate the allegations and gather relevant evidence.
- Accused Teacher’s Rights: The accused teacher has the right to defend themselves against specified allegations and can be invited in writing to do so.
- Witnesses and Cross-Examination: Witnesses may be called to provide evidence, and the accused teacher has the right to cross-examine each witness.
- Interdiction for Desertion: In cases of desertion where the teacher’s whereabouts are unknown, interdiction may occur without delay.
- Agent’s Decisions: After the preliminary hearing, the agent can reach one of the following decisions:
- No case to answer.
- Administrative warning.
- Interdiction.
- Interdiction Defense: An interdicted teacher has the opportunity to write a defense statement within 21 days from the date of interdiction and provide contact information.
- Hearing Timeline: A case will typically be heard within three months after interdiction, and if there are delays, the teacher is advised to make inquiries.
Salary During Interdiction:
- Teachers interdicted for incitement, insubordination, infamous conduct, and negligence of duty will be paid half of their salary during the period of interdiction.
It’s important to note that the specific procedures, timelines, and regulations may vary from one educational institution, school district, or country to another. Teachers are expected to adhere to the codes of conduct and regulations established by their governing bodies, and violations may result in disciplinary actions as described in the provided information.
| Offense Category | Offense Description | Evidence Required |
|---|---|---|
| Immoral Behavior | – Sexual intercourse | – Handwritten statement from victims/witnesses |
| – Sodomy | – Exhibits | |
| – Lesbianism | – Love letters | |
| – Sexual harassment/flirtation/indecent Act | – Photographs | |
| – Love relationship | – Gifts | |
| – Exposure to pornographic materials | – Agreements | |
| – Evidence required | – Court proceedings | |
| Professional Misconduct | A. Negligence of Duty | – Staff meeting minutes |
| – Willful neglect to perform work | – Police reports | |
| – Failure to teach scheduled lessons | – Written reports by agents/County Directors/Supervisors | |
| – Failure to prepare professional documents | – Statements from witnesses | |
| – Allowing examination cheating | – Minutes where teacher and witnesses were interviewed | |
| – Grading fake marks | – Investigation reports | |
| – Failure to perform T.O.D. duties | – Statement from witnesses | |
| – Failure to attend school assemblies and meetings | ||
| Professional Misconduct | B. Chronic Absenteeism | – Casualty returns |
| – Persistent/repeated absence without permission | – Letters from authorities reporting teacher’s absence | |
| – Lateness for duty | – Monthly staff returns | |
| Professional Misconduct | C. Desertion of Duty | – Letter granting study leave stating when to resume duty |
| – Absence for 14 continuous days (without permission) | – Casualty returns | |
| Professional Misconduct | D. Insubordination | – Written reports by agents/County Directors/Supervisors |
| – Failure to obey official instructions | – Letters giving directives/instructions and evidence of non-adherence | |
| – Failure to handover/takeover an institution upon transfer | – Staff meeting minutes | |
| Professional Misconduct | E. Infamous Conduct in any Professional Respect | – Written reports by agents |
| – Drunkenness or any form of intoxication during working hours | – Show cause letters | |
| – Fighting in public or any violent behavior | – Statement from witnesses | |
| – Conduct or behavior contravening Chapter Six of the Constitution | – Minutes of the full BOM | |
| F. Forgery/Impersonation/Collusion/Fraud and Corrupt Deals/Bribery | – Investigation reports | |
| – Causing payment of salary to teachers not on duty | – Sample signatures/rubber stamps | |
| – Forged signatures/stamps | – Copies of forged documents/certificates | |
| – Misrepresentation/falsifying information | – Confirmation of certificates by issuing bodies | |
| – G. Mismanagement/Misappropriation/Embezzlement of Public Funds | – Financial reports presented to BOM and minutes | |
| – Mismanagement of public funds/property | – Final audited accounts/Annual audited reports/interim audited accounts | |
| – Misappropriation of public funds for unauthorized purposes | – Investigation reports and relevant financial/accounting documents | |
| Professional Misconduct | H. Conviction of Criminal Offense | – Casualty return showing date of arrest/imprisonment |
| – Teacher convicted of a criminal offense | – Copy of charge sheet showing nature of the offense | |
| – Conviction of a sexual offense or any offense against a learner | – Certified copies of court proceedings and judgment | |
| – Conviction rendering the person unfit to be a teacher | – Letters from authority reporting the arrest/reports |