§ 313. Unfair educational practices. (1) Declaration of policy. (a)\nIt is hereby declared to be the policy of the state that the American\nideal of equality of opportunity requires that students, otherwise\nqualified, be admitted to educational institutions and be given access\nto all the educational programs and courses operated or provided by such\ninstitutions without regard to race, color, sex, religion, creed,\nmarital status, age, sexual orientation as defined in section two\nhundred ninety-two of the executive law, gender identity or expression\nas defined in section two hundred ninety-two of the executive law, or\nnational origin, except that, with regard to religious or denominational\neducational institutions, students, otherwise qualified, shall have the\nequal opportunity to attend therein without discrimination because of\nrace, color, sex, marital status, age, sexual orientation as defined in\nsection two hundred ninety-two of the executive law, gender identity or\nexpression as defined in section two hundred ninety-two of the executive\nlaw, or national origin. It is a fundamental American right for members\nof various religious faiths to establish and maintain educational\ninstitutions exclusively or primarily for students of their own\nreligious faith or to effectuate the religious principles in furtherance\nof which they are maintained. Nothing herein contained shall impair or\nabridge that right.\n (b) It is hereby further declared to be the policy of the state that\nindividuals who withdraw from postsecondary educational institutions in\norder to serve on active duty in the armed forces of the United States\nin time of war and who seek to return to such educational institutions\nshall be allowed to do so without the imposition of any penalty,\nacademic or financial, for their withdrawal, and that any express or\nimplied contractual provision which imposes any such penalty shall be\nvoid and unenforceable as against public policy.\n (2) Definitions. (a) Educational institution means any educational\ninstitution of post-secondary grade subject to the visitation,\nexamination or inspection by the state board of regents or the state\ncommissioner of education and any business or trade school in the state.\n (b) Religious or denominational educational institution means an\neducational institution which is operated, supervised or controlled by a\nreligious or denominational organization and which has certified to the\nstate commissioner of education that it is a religious or denominational\neducational institution.\n (3) Unfair educational practices. It shall be an unfair educational\npractice for an educational institution after September fifteenth,\nnineteen hundred forty-eight:\n (a) To exclude or limit or otherwise discriminate against any person\nor persons seeking admission as students to such institution or to any\neducational program or course operated or provided by such institution\nbecause of race, religion, creed, sex, color, marital status, age,\nsexual orientation as defined in section two hundred ninety-two of the\nexecutive law, gender identity or expression as defined in section two\nhundred ninety-two of the executive law, or national origin; except that\nnothing in this section shall be deemed to affect, in any way, the right\nof a religious or denominational educational institution to select its\nstudents exclusively or primarily from members of such religion or\ndenomination or from giving preference in such selection to such members\nor to make such selection of its students as is calculated by such\ninstitution to promote the religious principles for which it is\nestablished or maintained. Nothing herein contained shall impair or\nabridge the right of an independent institution, which establishes or\nmaintains a policy of educating persons of one sex exclusively, to admit\nstudents of only one sex.\n (b) To penalize any individual because he or she has initiated,\ntestified, partici
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