Teacher Fired for Flirting With Student on Instagram, Court Rules in Favor of TSC.
The Teachers Service Commission has terminated and prohibited a high school teacher from practicing his profession after he was accused of flirting with a teenage student on social media.
The TSC’s decision to dismiss the teacher was upheld by the Employment and Labour Relations Court in Nairobi, which dismissed the teacher’s petition to be reinstated on the teachers’ register.
Flirting Allegations and Denial
The teacher denied allegations that he used a pseudonym on Instagram to send the learner texts. He maintained that he was the victim of an effort to discredit them
“The reasons for termination were valid and fair as per the employment laws and [the teacher] was accorded a chance to exculpate but by his own unjustified failure to attend the disciplinary hearings, the dismissal is found to have been fair in substance and procedure,” said Justice Byram Ongaya in his decision to dismiss the teacher’s petition.
The teacher is accused of sending “inappropriate” intimate messages to a 17-year-old Form Four student via the social media platform on unspecified occasions during the April 2023 school holiday.
He purportedly conveyed his affection for her in a message that read, “I love you so much, remember that always” He subsequently sexually assaulted the learner in an office located within the school’s computer laboratory by kissing her lips and caressing her, according to the court.
The learner reported to her guardian, who then brought the matter to the school principal. This was escalated to the school’s Board of Management (BOM), which resulted in a disciplinary case against the teacher for a breach of the TSC Act and unethical behavior.
The board conducted a comprehensive assessment of the case’s circumstances, oral and documentary evidence, and pertinent statements, as per the principal and the TSC.
The board concluded that there were legitimate reasons to suspect a violation of the Code of Conduct for Teachers, which led to the decision to interdict him. The teacher argued in his defense of the dismissal and deregistration that he was framed and that the learner had recanted and repudiated her statement “since it was obtained through coercion and undue influence.”
Teacher’s Defense and Court Rejection
The court was informed that the board disregarded a letter from the learner and her father to the school principal, in which they withdrew the complaint.
The teacher stated that the parent withdrew the complaint after “proving the allegations to be false and unfounded through the daughter and their own investigations.”
He contended that the interdiction was implemented despite the fact that the accusations were unsubstantiated and based on a pseudo social media account that was never investigated to ascertain the truth. Additionally, he contended that the BOM did not consider the CCTV footage available at the school.
Additionally, evidence was not provided to him to facilitate the preparation of his defense.
“The petitioner experienced emotional, psychological, and physical trauma as a result of losing his job and the stress of caring for his young family. His health deteriorated, resulting in his frequent hospitalizations.” The petitioner’s attorneys stated that he received a letter from TSC on July 21, 2023, inviting him to a disciplinary hearing at their Nairobi offices on August 23, 2023, while he was receiving medical care.
TSC’s Response and Final Verdict
In response, the TSC informed the court that the commission and its field staff investigated the petitioner’s claims that he was unable to attend the hearings due to illness and determined that they were unfounded.
“Reinstatement cannot and should not be issued in the circumstances of this case as the relationship of trust hitherto existing between the TSC and the teacher entirely and irreparably collapsed following the illegal act on the part of the teacher to sexually abuse a learner who was under his care,” the TSC stated in court.
Justice Ongaya ruled in favor of TSC, concluding that the teacher had failed to provide a valid reason for his absence from the disciplinary hearing.
The TSC had written communication indicating that the teacher had not been attended to in the hospital, as he had claimed. The judge stated that the TSC was entitled to find the teacher culpable in the absence of any other material, as the court has determined.
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TSC refuted his claims of illness preventing him from attending the hearing, stating that investigations by the commission and field officers found them to be false. They emphasized that reinstating the teacher was impossible, as the trust between him and the commission had been irreparably damaged due to his inappropriate conduct with a student under his care.
Justice Byram Ongaya ruled in favor of TSC, stating that the teacher failed to provide a legitimate reason for missing the disciplinary hearing. He noted that there was documented evidence indicating the teacher had not received medical treatment as claimed. The court concluded that, given the circumstances, TSC was justified in finding the teacher guilty and upholding his dismissal.
Teacher Fired for Flirting With Student on Instagram, Court Rules in Favor of TSC.
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