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