Chapter 05.14 – Gifts
REGENTS’ POLICY
PART V – FINANCE AND BUSINESS MANAGEMENT
Chapter 05.14 – Gifts
P05.14.010. Acceptance of Gifts.
- All gifts made to the university or for the benefit of the university, unless expressly
prohibited by the donor, will be accepted, held, and managed by the University of
ɫƵ Foundation, as set forth in the Articles of Incorporation of the University
of ɫƵ Foundation dated May 20, 1974, except the following, which will be accepted
and held by the university:
- gifts of real property; and
- gifts of tangible personal property that are to be used directly in the educational, academic, research or administrative programs of the university; in this paragraph, “educational” includes athletic.
- The president is authorized to make exceptions to this policy.
(02-19-99)
P05.14.020. Role of the University of ɫƵ Foundation.
The University of ɫƵ Foundation, a separate and distinct non-profit 501(c)(3) corporation, whose sole beneficiary is the University of ɫƵ, has been established to solicit, accept, manage, invest, act as trustee of gifts, and disburse gifts made to benefit any or all portions of the university. Pursuant to P 05.14.010 gifts made to benefit the university are held by the University of ɫƵ Foundation. Federal grants, contracts, and other contracts for university performance are to be held by the university.
(08-19-94)
P05.14.030. Authority to Solicit and Accept Gifts.
- Only those individuals specifically authorized by regents’ policy or university regulation may solicit or accept gifts on behalf of the university, regardless of whether such gifts are to be held by the university or the University of ɫƵ Foundation.
- Only the president is authorized to accept gifts of real estate. Gifts of real estate may only be accepted in accordance with university regulation, which will set out a process by which such gifts are reviewed and evaluated for potential liabilities and budgetary commitments before they are accepted.
- Gifts to be accepted and held by the university that will subject the university to any continuing or substantial budgetary commitments beyond the current fiscal year may only be accepted in accordance with university regulation, which will set out a process by which such gifts are reviewed and evaluated for potential liabilities and budgetary commitments before they are accepted.
- Major fund-raising efforts with identified goals of $5,000,000 or more must be approved by the board. University regulation will prescribe the approvals, if any, required for lesser fund-raising efforts.
- Subject to P05.14.010 and C. of this section, the president is authorized to solicit and accept gifts on behalf of the University of ɫƵ System or any sub-unit thereof.
- With the exception of authority to accept gifts of real estate, the president may delegate the authority to solicit and accept gifts in accordance with university regulation.
(08-19-94)
P05.14.040. Gift Levels Required to Establish University Chairs.
The president will prescribe by university regulation the minimum gift dollar value required to establish university chairs, professorships, lectureships, fellowships, scholarships, endowments, faculty development gifts, and other named gift opportunities either as endowments or as annual commitments for funding.
(08-19-94)
P05.14.050. Valuation of Gifts.
For purposes of fund-raising campaign reporting, all gifts will be credited in accordance with the standards adopted by the Council for Advancement and Support of Education, or comparable nationwide standard, as provided by university regulation.
(08-19-94)
P05.14.060. Confidentiality and Use of Donor Information.
Any information regarding donors or prospective donors collected by university staff, and their personal or financial information given in confidence to the university or the University of ɫƵ Foundation, will not be released to the public except to the extent required by law. Requests for such releases will be referred to the Office of General Counsel.
(08-19-94)
P05.14.070. Transfer of Gifts.
- Unless expressly prohibited by the donor or P05.14.010:
- the net proceeds from the lease, sale or development of gifts or real property will be transferred to the University of ɫƵ Foundation for management in accordance with donor intent as may be determined by the president; and
- other gifts and endowments held by the university may be transferred to the University of ɫƵ Foundation.
- The president is authorized to make exceptions to this policy under procedures established by university regulation.
(02-19-99)
P05.14.080. Gifting Opportunities for Facilities and Infrastructure Naming.
- The president is authorized to establish naming opportunities that meet the minimum gift guidelines in this policy. The recommended naming opportunities and gift requirements or funding levels will be proposed by the respective chancellor and approved by the president. The president shall notify the board of the naming opportunities and minimum gift requirement established for significant facilities, improvements or areas which will require board approval or ratification in accordance with P05.12.090 - 05.12.092 for the actual naming.
- Minimum funding levels shall be established in accordance with the following guidelines:
- Entire Buildings and Building Additions.
New buildings, building additions, or building wings may be named in honor of a donor if a minimum of 50 percent of the privately secured funds for the project, but not less than $1 million, is contributed by or at the direction of the donor. - Unnamed Existing Buildings.
Currently unnamed buildings, building additions, or building wings may be named in honor of a donor if a gift equivalent to at least 30 percent of the current replacement value of the building, but not less than $1 million, is contributed by or at the direction of the donor. - Portions of Buildings and Unnamed Renovations.
Gift requirements for the naming of individual rooms in new or existing buildings, such as auditoriums, lecture halls, and lobbies, shall be approved on a case-by-case basis. Consideration shall be given to such matters as type of usage, visibility, traffic flow, condition, and current replacement value. - Streets, Thoroughfares, Parks, Recreation Areas, Plazas, and Other Sites or Improvements.
Newly constructed or established streets, thoroughfares, parks, recreation areas, plazas, and other sites or improvements may be named in honor of a donor if at least 50 percent of the funds required for the project or improvement is provided by or at the direction of the donor. Existing streets, thoroughfares, parks, recreation areas, plazas, and other sites or improvements with generic names may be renamed with a gift equivalent to at least 30 percent of the current replacement value.
- Entire Buildings and Building Additions.
(06-10-04)
P05.14.090. Regulations and Procedures.
The statewide office of development will coordinate the various offices of development in the university in developing university regulation and procedures regarding fundraising and these policies. The university regulation and procedures will be consistent with regents’ policy and applicable policies of the University of ɫƵ Foundation.
(08-19-94)
UNIVERSITY REGULATION
PART V – FINANCE AND BUSINESS MANAGEMENT
Chapter 05.14 – Gifts
R05.14.030. Authority to Solicit and Accept Gifts
The solicitation and acceptance of charitable gifts for the benefit of the University of ɫƵ will be done in manner that yields the greatest possible outcome for the University and the donor. Regents’ Policy requires that all solicitations be coordinated through the Statewide Office of Development, in accordance with the process established through the Prospect Management and Tracking System.
- All University personnel who wish to seek charitable gifts from individuals or organizations greater than $10,000 will coordinate cultivation and solicitation through the appropriate campus development office which will coordinate with the Statewide Office of Development. No solicitation for gifts larger than $10,000 shall be made by any University personnel prior to conferring with the appropriate campus development office.
- In addition to the above requirement, any campus cultivation and solicitation for gifts greater than $25,000 will be coordinated through the system-wide Prospect Management and Tracking System.
- In addition to the above requirements, any cultivation and solicitation for gifts greater than $100,000 must be approved by the respective MAU Chancellor, prior to solicitation.
- In addition to the above requirements, cultivation and solicitations for gifts greater than $500,000 must be approved by the University President, prior to solicitation.
(07-19-06)
R05.14.040. Gift Levels Required to Establish University Chairs
It has been the University of ɫƵ’s practice to name facilities, roads, endowments, awards and other programs in honor of people who have contributed to the betterment of the university. Because such gifts will be substantial in amount and may reflect on the university in perpetuity, naming opportunities, and the terms and conditions associated with such naming, shall be subject to final approval by the President and the Board of Regents when appropriate.
Principal responsibility for soliciting and arranging for naming opportunities resides with the President and/or Chancellor and chief development officer of each major administrative unit. They are encouraged to adhere to the funding minimums defined in this guideline in their preliminary negotiations, but are also granted the discretion, in consultation with each other and subject to final presidential and/or Board approval, to consider other funding arrangements that would best serve the wishes of the donor and the interests of the university. The following criteria will be included in the consideration:
- Faculty Awards and Endowments
- Endowed Chair
Provides support for a faculty member’s salary and related expenses, including research, course development and professional conferences. Chairs may be awarded for the entire length of a professor's tenure. However, most Professorships and Chairs have term limits, usually five years, as determined by the chancellor.
Minimum Endowment: $2,500,000 - Lectureship Series/Artists in Residence
Provides honoraria and expenses for visiting faculty lectures or performances or for extended residencies of up to one year.
Minimum Endowment: $500,000 or Minimum Annual Gift: $25,000 - Named Professorship
Provides support for an outstanding faculty member.
Minimum Endowment: $500,000 or Minimum Annual Gift: $25,000 - Named Faculty Award
Provides an award to University of ɫƵ faculty for work in his/her field of expertise.
Minimum Endowment: $100,000 or Minimum Annual Gift: $5,000 - Named Professorship
Provides income for a visiting professor to come to a campus of the University of ɫƵ or for a University of ɫƵ professor to teach at another university. These professorships will allow the university to benefit from talent that would otherwise be unavailable or to share the expertise of our faculty with another university.
Minimum Endowment: $250,000 or Minimum Annual Gift: $15,000
--Salary and benefits
--Equipment, laboratory and computing
--Conference attendance and travel
--Costs associated with publishing, patent applications or artistic creation
--Summer compensation
--Graduate/undergraduate research assistant’s stipends
--New course development; release time/materials
--Relocation expenses
New endowments are invested in accordance with the University of ɫƵ Foundation Investment Policy and are allowed to accumulate interest for 12 months before a faculty member is chosen to be awarded the Professorship or Chair. Under no circumstances will a donor decide who will receive the award.
- Endowed Chair
- Student Awards and Endowments
- Named Student Awards
Provides funds for students to pursue additional study in their field of study.
Minimum Endowment: $25,000 or Minimum Annual Gift: $1,000/year
- Endowed Student Scholarship
Provides financial aid to students. Selection criteria depends upon the donor’s preference and the priorities of the university.
Minimum Endowment: $25,000 or Minimum Annual Gift: $1,000 for a 4-year period
- Named Endowed Graduate Fellowships
Provides financial support for graduate students.
Minimum Endowment: $$100,000 or Minimum Annual Gift: $5,000
- Named Student Awards
- Other Endowments
- Named Program Fund
Named endowments may be established in areas of interest to donors in individual colleges or departments for unrestricted use by the Dean or Department Chair.
Minimum Endowed Gift: $25,000 - Centers and Institutes
Research Institutes or Centers of Excellence may be named. The endowment gift needed must be large enough to provide sufficient annual income to be equivalent to the annual state appropriation to support the operating budget of the Center or Institute. - Named Colleges or Schools
Associating an individual, corporation or foundation name with a college acknowledges great commitment on the part of the donor. These transformational gifts typically begin at $25 million.
- Named Program Fund
(10-07-04)
R05.14.080. Gifting Opportunities for Facilities and Infrastructure Naming
The process for forwarding requests for gifting opportunities for facilities and infrastructure naming is as follows:
- Proposal
A proposal will be submitted to the appropriate chancellor. If the proposal is from the system administration, it will be submitted to the chief development officer. A proposal must contain:- Name of donor;
- Biographical information regarding donor;
- A description of the space to be named, to include size, visibility, and any other pertinent attributes;
- Gift amount;
- Length of time for the naming opportunity;
- Rationale for naming space in honor of donor.
- Process
Upon approval of the appropriate chancellor, a proposal will be forwarded to the chief development officer for review. The chief development officer may consult with the systemwide development council if it is deemed appropriate to do so. After approval by the chief development officer, the proposal will be forwarded to the president for approval. Notice of approval or disapproval by the president will be forwarded to the system development office and the appropriate chancellor.
(10-07-04)
R05.14.100. Process for Accepting Gifts of Real Estate
This process applies to real estate or interests in real estate (including patented and unpatented mining claims, and real property interests such as buildings) which are intended as outright or deferred gifts to benefit the University of ɫƵ or the University of ɫƵ Foundation. This process does not apply to purchases of real estate at less than fair market value or real estate transactions for which donative intent cannot be readily demonstrated.
- All potential gifts of real estate are to be referred to the Statewide Chief Development Officer for management of the gift evaluation process.
- The Chief Development Officer will gather all preliminary information on the potential gift from the donor (legal description, copies of existing appraisals, maps, tax notices, history of the property, photograph) and any intended restrictions.
- The Chief Development Officer will inform the director of development at the MAU which is to benefit from the gift. If the gift is unrestricted as to university, the Vice President for University Relations will be informed.
- The Chief Development Officer will forward copies of all information received in step B, above to the University Director of Land Management.
- Based upon the location and preliminary information about the property, Land Management will provide an estimate to the Chief Development Officer of the costs involved to complete a title search, site inspection, environmental audit, and review of the gift documents.
- Based upon the cost estimate provided by the Director of Land Management, the Chief Development Officer and the Director of Land Management will determine whether the benefits of the gift outweigh these evaluation costs. If the gift is restricted to benefit a specific university or sub entity thereof, this determination will be made in consultation with the Director of Development or University Relations of the beneficiary entity who will be asked to identify and obligate, in writing, funds for the evaluation costs as well as for the carrying costs of the gift if accepted.
- If the determination in step F, above reveals that the benefits of the gift do not outweigh the preliminary evaluation costs, the Chief Development Officer will recommend to the Vice President for Administration (Vice President), or his or her designee, that the gift be rejected. The process will then proceed to step J, below.
- If the determination in step F, above reveals that the benefits of the gift do outweigh these preliminary evaluation costs, Land Management will perform the title search, site inspection, environmental audit and analysis of the property. The director of Land Management will submit a memo to the chief development officer recommending that the gift either not be accepted or accepted.
- After reviewing the gift and the recommendation from Land Management, the Chief Development Officer will submit a recommendation to the Vice President that the gift either be rejected or accepted.
- If the Vice President determines that the gift should be rejected, and if the gift is restricted to benefit a specific University or sub entity thereof, the Vice President’s decision shall be conveyed by the Chief Development Officer to the Director of Development or University Relations of the beneficiary entity who shall, in turn convey the Vice President’s decision to the donor. If the gift is not so restricted, the Chief Development Officer shall inform the donor of the Vice President’s decision that the gift be rejected.
- If the Vice President determines that the gift should be accepted, the Vice President shall obtain the final decision from the University President as to whether the gift should be accepted or rejected.
- If the gift is restricted to benefit a specific campus or sub entity thereof, the President’s decision shall be conveyed by the Chief Development Officer to the Director of Development or University Relations of the beneficiary entity who shall, in turn convey the President’s decision to the donor. If the gift is not so restricted, the Chief Development Officer shall inform the donor of the President’s decision that the gift be accepted or rejected.
- If the gift is to be accepted, the Director of Land Management shall provide a sample deed to be conveyed to the donor by the Chief Development Officer, and shall review the executed deed before it is accepted and recorded to insure it is accurate and shall insure that title insurance is in effect for the accepted property.
- The university's office of Risk Management is then informed to add the property to its list of insured properties of the University.
- University accounting receives a copy of the deed so it may be placed upon the University's books. A receipt is prepared for the donor by the Chief Development Officer.
(07-19-06)
R05.14.110. Major Fundraising Efforts
Major fund-raising efforts with identified goals of $2,000,000 or greater must be approved by the president prior to the commencement of the campaign counting period.
A written campaign plan must be submitted to the statewide office of development for preliminary approval. Once preliminarily approved, the Chief Development Officer will forward the campaign plan to the President for approval, in accordance with Regents Policy. If the campaign goal is greater than $5,000,000, the President will forward to the Board of Regents for approval.
The campaign plan will include the following:
- Feasibility study
- Statement of campaign objectives
- Draft case for support
- Campaign goal
- Gift range chart
- Donor recognition plan
- Solicitation methods
- Campaign organizational structure that will include paid staff and volunteers
- Campaign timetable which shall include counting period
- Campaign budget
- Campaign evaluation plan
(07-19-06)