i ntroduction kwame nkrumah university of science and technology, kumasi like any other public...
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INVESTIGATING MISCONDUCT OF
STAFF
INTRODUCTION
Kwame Nkrumah University of Science and Technology,
Kumasi like any other public University has established
legal framework, detailing its disciplinary powers over its
staff.
The University’s Statutes and “Unified Conditions of
Service” incorporate the legal framework which deal
with misconduct involving staff.
Statute 57 (b) of the Statutes of KNUST, October, 2004 defines
misconduct as follows:
Conviction by a competent court of law for any offence, which
Council considers to render the staff unfit for discharge of
functions of his office.
Conduct of scandalous or disgraceful nature which Council
considers to be such as to render the person concerned unfit to
continue to be in the University, or in the employment of the
University, or to hold office.
WHAT IS A MISCONDUCT
Conduct which Council considers to be such as to constitute
failure on the part of the person concerned to discharge or
perform the functions of his office, or to comply with the terms of
his appointment.
Conduct which in the opinion of Council, has brought the name of
the University into disrepute.
Schedule F Rule 3 of the Statutes also stipulates some acts which
are deemed misconduct. These are:
To be absent from duty without leave of the appropriate authority
or reasonable excuse
To be insubordinate
To use without the consent and approval of the appropriate
authority, any property, facility or facilities belonging to, or
provided for the purpose of the University for some other purpose
unconnected with the work of the University, and/or not within the
scope of his responsibilities
To engage in any activity which is likely to bring the name
of the University into disrepute, and
To engage in any gainful occupation outside the University
without the written consent or permission of the Vice-
Chancellor.
Article 33 of the Unified Conditions of Service for Unionised Staff of the
Public Universities of Ghana, equally stipulate acts which are deemed
misconduct. These include:
contraventions of or failure to observe staff regulations or other
instructions without reasonable cause.
to influence members of the University, members of the Committees of
the University and members outside the University in matters connected
with discipline or conditions of service or with a view to obtaining
consideration for appointment, transfer or promotion
to have a personal interest in any business transaction with the
University
to receive gifts given with a view to influence his/her official
conduct or as a reward for official actions.
to employ for private purposes, the service of the University’s
employees at times during which the service of the latter are at
the disposal of the University
to make private use of materials, stores, or apparatus which are
the property of the University
to receive any money from the University to which he/she is not
entitled
to engage in private business during working hours
to leave his/her place of work during normal working hours
without permission
to be absent from duty without reasonable cause
to act as a money lender or as an intermediary between any
employee and a money lender or take part in collecting debts on
behalf of a money lender
to author any anonymous publication, in the form of letters,
articles etc, or to be a party to any such publication bearing
his/her signature discussing any matter concerning the University
in a matter calculated to undermine confidence in the University
to communicate either directly or indirectly to the Press, or to any
unauthorised person any information gained in the course of
his/her official duty.
o According to the Statutes of the KNUST, there are three categories of
staff. They are Senior Members, Senior Staff and Junior Staff. Senior
Members are the academic, professional or administrative staff who by
appointment become members of Convocation.
o Senior staff are persons in the employment of the University of a rank
not lower than that of an Administrative Assistant and its equivalent.
o Junior staff are those persons in the employment of the University of
the rank below that of an Administrative Assistant or its equivalent.
WHO ARE STAFF OF KNUST
Statute 58 of the KNUST Statutes provides for the discipline of Senior
Members.
There is a Standing Disciplinary Committee which conducts
investigations into alleged misconduct or impropriety of Senior Members.
The members of this Standing committee serve for maximum term of
four years.
This is a permanent system of inquisition because the Committee is not
dissolved after investigating a misconduct involving a Senior Member.
INVESTIGATING MISCONDUCT OF A SENIOR MEMBER
The Standing Disciplinary Committee for Senior Members is made up of the
following people:-
Pro-Vice-Chancellor who is the Chairman of the Committee
Two (2) Members appointed by the Academic Board who shall be of the
rank of a Professor
Two (2) Members, one representing the University Teachers Association
of Ghana (UTAG) and the other representing Ghana Association of
University Administrators (GAUA)
A Co-opted member( currently, the Deputy Registrar, Legal and Welfare)
Registrar, who shall be the Secretary
Composition
In the proceedings of the Disciplinary Committee for Senior Members,
the Senior Member affected shall be served with a written notice of
the grounds upon which the proceedings are being initiated against
him.
when the affected Senior Member is served with notice of the grounds
upon which the proceedings are being initiated against him, he may
within ten (10) days after the service of the said notice on him, furnish
the committee with the grounds upon which he intends to defend or
exculpate himself.
The Procedures
If no reply is received by the Committee, within the time specified in the
notice, it shall then proceed with the investigation in his presence or in
his absence, provided that he has been served with the notice.
The Senior Member concerned shall be entitled to call witnesses on his
behalf and the Committee shall similarly be entitled to call and hear
witnesses against him.
A Senior Member appearing before the committee may, if he so wishes,
be represented by counsel, provided he notifies the committee in writing,
at least two (2) days before any particular sitting of the committee.
The committee shall not be bound to follow the rules of evidence as well
as the procedures and technicalities of the courts.
A Senior Member under investigation may be suspended by the Vice-Chancellor
after the start of the investigation, but his salary and other perquisites (except
the use of official vehicles) shall not be altered to his detriment until the matter
is finally determined by the Committee and if an appeal follows, by Council.
These are in compliance with the due process of law and the principles
of natural justice.
Besides, the Standing Disciplinary Committee, a College, Faculty or
Office can set up a Committee of Enquiry to investigate an event
involving a Senior Member and submit a report to the Vice-Chancellor,
who may, based on the report, direct that the Senior Member should be
tried by the Disciplinary Committee.
Pendency of Investigation
Statute 60 of the Statues of KNUST deals with investigation of
misconduct of Senior and Junior Staff.
The Officer who appoints the Disciplinary Committee
In any disciplinary proceeding in respect of Senior Staff and Junior
Staff, the Vice-Chancellor shall appoint Committee within the
University above the rank of the person to be disciplined to
investigate such misconduct and make appropriate
recommendations.
INVESTIGATING MISCONDUCT OF SENIOR AND JUNIOR STAFF
In the case of Junior Staff, the Vice-Chancellor shall appoint a
representative of the Junior Staff to serve on the Committee.
In the case of Senior Staff, the V-C shall appoint a representative
of the Senior Staff to serve on the Committee.
The Committees are ad – hoc in in that they are dissolved
immediately they complete their work only for new ones to be
constituted to investigate similar cases.
Composition
In a situation when the misconduct of a Senior /Junior Staff can result
in the imposition of a major penalty, the under listed procedures have
to be followed:
The staff under investigations shall be served with written charges;
The staff may within ten (10) days after the service of the said notice
on him furnish the Committee with the grounds upon which he intends
to defend or exculpate himself.
He shall also be entitled to be accompanied to the sittings of the
Committee by Counsel
The Procedure
He shall also be entitled to call witness on his behalf and the
Committee shall also hear evidence of any witnesses against him.
The Committee shall proceed to investigate the misconduct
against the staff if he does not reply to the misconduct within the
time specified in the notice.
The Committee can also proceed to investigate the misconduct in
the presence of the staff or without him if it is proved that the
staff has been served with the notice.
The Registrar may interdict a Senior or Junior Staff before or during the
investigation and the staff shall receive two-thirds (2/3) of his salary but
shall not be paid any of the approved allowances which he or she would
be normally been entitled.
These are in compliance with the due process of law and the
principles of natural justice.
a College, Faculty or Office can set up a Committee of Enquiry to
investigate an event involving a Senior or Junior Staff and
submit a report to the Vice-Chancellor, who may, based on the
report, direct that the Senior or Junior Staff should be put
before a Disciplinary Committee.
Pendency of Investigation
THANK YOU VERY MUCH