FundSvcs Community

 View Only

  • 1.  Returning Gifts policy

    Posted 01-22-2020 02:18 PM

    Hello All - I have searched the archives and read discussions on this topic but they were from some time ago.

    Wanted to ask if any are willing to share language they have within their current gift policy regarding the returning of gifts as this has become more of a possibility due to recent happenings that we want to be a bit more specific in our policy regarding it. Right now its very general that the gift committee will review.

    Christina



    ------------------------------
    Christina Atkins
    Director of Records
    Wake Forest University
    atkinscr@wfu.edu/ 336-758-3210 (office)
    ------------------------------


  • 2.  RE: Returning Gifts policy

    Posted 01-23-2020 09:32 AM

    It sounds like you're looking for a "bad boy clause"... this is the language we use in our gift acceptance policy regarding donor recognition opportunities:

     

    This donor recognition shall exist for the useful life of named space. The useful life of the named space ends if it is demolished, destroyed, relocated, substantially renovated, or ceases to be used by the School.

    In the event that the entire gift amount is not received by the School as agreed upon, the School may, in its sole discretion, offer the Donor an alternate naming opportunity appropriate to the amount of the Donor's gift. It is the school's practice to discuss any changes to recognition with the donor.

    If at any time the School determines that the honoree's activities reflect negatively on the School's public image, or are in material conflict with its mission, the School will have the right to terminate donor recognition rights.

    All donor recognition is subject to the acceptance of the gift and approval of such recognition designation by The Board of Trustees according to its policies and procedures. It is understood that the School will ensure recognition of the Donor(s) is consistent with school standards for donor recognition and fits with the esthetics and architecture of the space.

     

    Carol Nash

    Advancement Coordinator and Database Manager

    The Awty International School

    7455 Awty School Lane  |  Houston, Texas 77055

    Direct: 713-328-5861  |  www.awty.org

     

    image010.jpg@01D43F65.033811C0

     

    Houston's Premier International School

     

     

     

     



    ------Original Message------

    Hello All - I have searched the archives and read discussions on this topic but they were from some time ago.

    Wanted to ask if any are willing to share language they have within their current gift policy regarding the returning of gifts as this has become more of a possibility due to recent happenings that we want to be a bit more specific in our policy regarding it. Right now its very general that the gift committee will review.

    Christina



    ------------------------------
    Christina Atkins
    Director of Records
    Wake Forest University
    atkinscr@wfu.edu/ 336-758-3210 (office)
    ------------------------------


  • 3.  RE: Returning Gifts policy

    Posted 01-23-2020 11:39 AM
    GACs are a bit of an obsession for me. Most don't directly address returning an accepted gift - indeed, from my searching my stash of GACs, few even had the word 'return' outside of the context of 'tax return.' Even some famous cases, eg Spelman returning the Cosby gift, didn't lead to them addressing gift return more specifically. Generally, most GACs rely on either very general policies to look after the reputation of the school. Some focus in a bit further, with a moral turpitude clause.

    Here are a few samples from my stash of GACs, all emphasis mine:

    Brown U
      3.3 Return of a Gift The University may return a gift to the donor if the Corporation determines that it could cause damage to the University's reputation, standing or integrity to be associated with a specific donor or to use a gift for its intended purpose. In this case, the disposition of the gift will be guided by Brown's mission of education, research and scholarship and associated values, and will depend on the specific circumstances of the case and any legal restrictions imposed by a gift agreement. 

    St. Cloud U Foundation
    Principal 3: Gifts that potentially expose the Foundation or University to adverse publicity or involve out of the ordinary conditions shall be referred to the Gift Acceptance Committee for resolution. The Foundation cannot accept gifts for the benefit of the University which involve unlawful discrimination on any basis prohibited by federal, state and local laws and regulations. In addition, the Foundation cannot accept gifts which obligate it or the University to violate any other applicable law or regulation, or that violate the Foundation's articles of incorporation or bylaws. If at any time the donor or his or her name may compromise the public trust or the reputation of the University, including acts of moral turpitude, the University with the approval of the Foundation's board of trustees has the right to remove the name or return the gift.  

      Winthrop U Foundation
    Ethics Clause
      Winthrop University Foundation reserves the right to amend or change the name of an account, space, or program when circumstances associated with the named account, space, or program would compromise the public trust or promote values or reputation not in keeping with the mission and goals of the Foundation. In these instances, names will be changed with the documented action and approval of the Board of Directors, and, whenever possible, the notification of the donor or donor representative. Examples of changes in circumstance include, but are not limited to: the conviction of the named donor(s) in a court of law; or abuse of public trust in personal or professional behavior. This policy is echoed in standard gift agreements, to wit: "If at any time the donor or his or her name may compromise the public trust or the reputation of the institution, including acts of moral turpitude, the institution, with the approval of the Foundation Board of Directors, has the right to remove the name or return the gift."  

    ---

    The last one is notable, in that the gift return rights are in the gift agreement itself, rather than in the GAC. The GAC is simply referencing the contract language as the source of the authority. I like the practice of having return rights in the gift agreement too, but would prefer having it stated plainly as policy in the GAC. This section, read carefully, actually refers to naming rights. The "return the gift" bit is ancillary to the action paragraph's policy aim. 

    Thank you,
    Isaac Shalev
    CRM Expert
    Sage70, Inc.
    (917) 859-0151
    isaac@sage70.com

    Schedule a 30-minute consultation now:



    ------Original Message------

    Hello All - I have searched the archives and read discussions on this topic but they were from some time ago.

    Wanted to ask if any are willing to share language they have within their current gift policy regarding the returning of gifts as this has become more of a possibility due to recent happenings that we want to be a bit more specific in our policy regarding it. Right now its very general that the gift committee will review.

    Christina



    ------------------------------
    Christina Atkins
    Director of Records
    Wake Forest University
    atkinscr@wfu.edu/ 336-758-3210 (office)
    ------------------------------


  • 4.  RE: Returning Gifts policy

    Posted 01-24-2020 09:53 AM
    Thank you all for your responses - this has been helpful.
    Christina


    Christina Atkins
    Director of Records
    University Advancement
    Wake Forest University
    P.O. Box 7227 
    Winston Salem, NC 27109 
    atkinscr@wfu.edu / 336-758-3210 (office)




    ------Original Message------

    GACs are a bit of an obsession for me. Most don't directly address returning an accepted gift - indeed, from my searching my stash of GACs, few even had the word 'return' outside of the context of 'tax return.' Even some famous cases, eg Spelman returning the Cosby gift, didn't lead to them addressing gift return more specifically. Generally, most GACs rely on either very general policies to look after the reputation of the school. Some focus in a bit further, with a moral turpitude clause.

    Here are a few samples from my stash of GACs, all emphasis mine:

    Brown U
      3.3 Return of a Gift The University may return a gift to the donor if the Corporation determines that it could cause damage to the University's reputation, standing or integrity to be associated with a specific donor or to use a gift for its intended purpose. In this case, the disposition of the gift will be guided by Brown's mission of education, research and scholarship and associated values, and will depend on the specific circumstances of the case and any legal restrictions imposed by a gift agreement. 

    St. Cloud U Foundation
    Principal 3: Gifts that potentially expose the Foundation or University to adverse publicity or involve out of the ordinary conditions shall be referred to the Gift Acceptance Committee for resolution. The Foundation cannot accept gifts for the benefit of the University which involve unlawful discrimination on any basis prohibited by federal, state and local laws and regulations. In addition, the Foundation cannot accept gifts which obligate it or the University to violate any other applicable law or regulation, or that violate the Foundation's articles of incorporation or bylaws. If at any time the donor or his or her name may compromise the public trust or the reputation of the University, including acts of moral turpitude, the University with the approval of the Foundation's board of trustees has the right to remove the name or return the gift.  

      Winthrop U Foundation
    Ethics Clause
      Winthrop University Foundation reserves the right to amend or change the name of an account, space, or program when circumstances associated with the named account, space, or program would compromise the public trust or promote values or reputation not in keeping with the mission and goals of the Foundation. In these instances, names will be changed with the documented action and approval of the Board of Directors, and, whenever possible, the notification of the donor or donor representative. Examples of changes in circumstance include, but are not limited to: the conviction of the named donor(s) in a court of law; or abuse of public trust in personal or professional behavior. This policy is echoed in standard gift agreements, to wit: "If at any time the donor or his or her name may compromise the public trust or the reputation of the institution, including acts of moral turpitude, the institution, with the approval of the Foundation Board of Directors, has the right to remove the name or return the gift."  

    ---

    The last one is notable, in that the gift return rights are in the gift agreement itself, rather than in the GAC. The GAC is simply referencing the contract language as the source of the authority. I like the practice of having return rights in the gift agreement too, but would prefer having it stated plainly as policy in the GAC. This section, read carefully, actually refers to naming rights. The "return the gift" bit is ancillary to the action paragraph's policy aim. 

    Thank you,
    Isaac Shalev
    CRM Expert
    Sage70, Inc.
    (917) 859-0151
    isaac@sage70.com

    Schedule a 30-minute consultation now:





Related Content