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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.
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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.
WHAT IS A MISCONDUCT • 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.
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.
WHO ARE STAFF OF KNUST • 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. • Senior staff are persons in the employment of the University of a rank not lower than that of an Administrative Assistant and its equivalent. • Junior staff are those persons in the employment of the University of the rank below that of an Administrative Assistant or its equivalent.
INVESTIGATING MISCONDUCT OF A SENIOR MEMBER • 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.
Composition 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
The Procedures • 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.
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.
Pendency of Investigation • 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.
INVESTIGATING MISCONDUCT OF SENIOR AND JUNIOR STAFF • 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.
Composition • 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.
The Procedure • 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
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.
Pendency of Investigation • 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.
