§ 3002 — Oath to support federal and state constitutions

§ 3002. Oath to support federal and state constitutions. It shall be\nunlawful for any citizen of the United States to serve as teacher,\ninstructor or professor in any school or institution in the public\nschool system of the state or in any school, college, university or\nother educational institution in this state, whose real property, in\nwhole or in part, is exempt from taxation under section four of the tax\nlaw unless and until he or she shall have taken and subscribed the\nfollowing oath or affirmation: "I do solemnly swear (or affirm) that I\nwill support the constitution of the United States of America and the\nconstitution of the State of New York, and that I will faithfully\ndischarge, according to the best of my ability, the duties of the\nposition of ........................(title of position and name or\ndesignation of school, college, university or institution to be here\ninserted), to which I am now assigned."\n The oath required by this section shall be administered by the\npresident or other head of such school, college, university or\ninstitution, or by the officer or person, or in the case of a board or\nbody by a member of the board or body, having authority to employ such\nperson as a teacher, instructor or professor in such school, college,\nuniversity or institution, and each is hereby authorized to administer\nit. The officer, person or member administering such oath shall cause a\nrecord or notation of the fact to be made in the books or records of the\nschool, college, university or institution. In lieu of the oath\nadministered by an officer, person or member, an employee may comply\nwith the requirements of this section by subscribing and filing the\nfollowing statement: "I do hereby pledge and declare that I will support\nthe constitution of the United States and the constitution of the State\nof New York, and that I will faithfully discharge the duties of the\nposition of ..........................according to the best of my\nability." Such oath or statement shall be filed with the clerk of a\nschool district or with such officer or employee of any such college,\nuniversity or other educational institution that shall be designated for\nsuch purpose. Such oaths or statements shall be available for public\ninspection and for transmittal to the commissioner of education upon his\nrequest. It shall be unlawful for an officer, person or board having\ncontrol of the employment, dismissal or suspension of teachers,\ninstructors or professors in such a school, college, university or\ninstitution, to permit a person to serve in any such capacity therein in\nviolation of the provisions of this section. This section shall not be\nconstrued to require a person to take such oath or to execute such\nstatement more than once during the time he or she is employed in the\nsame school, college, university or institution, though there be a\nchange in the title or duties of the position.\n The provisions of section sixty-two of the civil service law shall not\napply to a person who is required to take the oath or execute the\nstatement prescribed by this section.\n An enrolled member of an Indian nation or an Indian individual having\nan affiliation with an Indian nation recognized by the United States or\nthe state of New York may elect to comply with the requirements of this\nsection by instead subscribing and filing the following statement:\n "I do solemnly affirm that I will faithfully discharge the duties of\nthe position of according to the best of my\nability, and perform my duties in a manner consistent with the\nconstitution of the United States and the constitution of the state of\nNew York."\n