It is not an unlawful discriminatory practice for a religious or denominational educational
institution to limit admission or give preference to applicants of the same religion
or denomination. The provisions of section 139.40(k) relating to sex shall not apply to a private educational institution, or branch
or level of a private educational institution, in which students of only one (1) sex
are permitted to enroll.
(2)
Nothing in this chapter shall prohibit an educational institution from discriminating
on the basis of academic qualifications or achievements or requiring from applicants
information which relates to academic qualifications or achievements.
(3)
It is not an unlawful discriminatory practice for an educational institution to operate
or sponsor separate athletic teams and activities for members of each sex or to restrict
membership on an athletic team to participants of one (1) sex, if this separation
or restriction meets the requirements of Minn. Statutes, Section 121A.04.
(4)
Nothing in this chapter shall prohibit an educational institution from taking adverse
action against a student or applicant with justice-impacted status where such action
is taken in accordance with existing policies and the institution reasonably considered
the following factors:
a.
Whether the individual was convicted of the offense;
b.
The length of time since the alleged offense or conviction;
c.
The nature and gravity of the alleged offense or conviction;
d.
The impact of the alleged offense or conviction on the learning environment and the
health and safety of fellow students and staff;
e.
Any evidence of rehabilitation efforts offered in support of the student or applicant;
and
f.