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  • 1.  Outside fundraising by athletic team

    Posted 02-27-2025 10:06 AM

    We've recently learned that our wrestling team is running their own fundraiser using an external platform, and further, that they are operating a separate "foundation" of sorts and collecting donations completely outside the colleges standard fundraising channels (we are a small private college, therefore donations to all areas of the college are handled by our advancement office). This has all come to light yesterday and we don't know to what extent this "foundation" operates, but our athletics director has been aware of it for several years and implied that he believes they have their own 501(c)(3) (they don't, we've at least verified that much).

    While I've certainly encountered teams running their own fundraisers on external platforms before (without knowledge or involvement from advancement) and am aware of all the red flags and best practices this violates, this is the first time I've encountered a team with their own fundraising entity. We intend to seek legal counsel on this as well, but I wanted to reach out here to find out the legality of this, and whether there are best practices or legal implications of a team conducting their own fundraising that's not channeled through the college.

    Thanks all!



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    Gabrielle Read-Hess
    Coe College
    greadhess@coe.edu
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  • 2.  RE: Outside fundraising by athletic team

    Posted 02-27-2025 10:26 AM
    Sadly, this happens all too often. This is why I strongly advocate for creating a College-mandated Third-Party Fundraising Policy. Without going into details, such a policy typically includes a "three strikes and you are out" component, with grave repercussions for not following College policy.

    As for the "legality," this outside group is probably violating Coe College trademark rules that prohibit using your name and logo without written permission from the MarComm division (NOT the Athletic Director!). Also, as you have discovered, the entity does not have a 501c3 status; if they have been issuing tax receipts for donations, that violates IRS regulations - to the tune of $1,000/receipt. These are NOT tax-deductible gifts to Coe - unless Counsel and the CFO have granted that external group fiscal and legal authority to act on your behalf.

    You are wise to seek counsel - and implement a policy that will prohibit rouge fundraising in the future.

    John

    John H. Taylor, Principal
    John H. Taylor Consulting, LLC
    2604 Sevier Street
    Durham, NC     27705

    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987






  • 3.  RE: Outside fundraising by athletic team

    Posted 02-27-2025 11:44 AM
    Gabrielle,

    We worked through this with our athletic department within the last two years.  What they were doing was in violation of our Board of Trustee Charter, our Board Advancement Committee Charter, our Fundraising Coordination Policy, and a direct memo from the Vice President for College Advancement to the athletic department done two years prior.

    I agree with John's position that you need to have the college's position documented in policy.  You also need to make sure that there are clear annual reminders to areas like athletics who may have loose agreements with your Advancement staff to do some fundraising on their own.

    We have since worked very intentionally to build greater collaboration with these areas.  It is tough work with tension/stress/frustration at many turns.  Yet, it is necessary work to ensure everyone's success.

    Joel

      Joel Clasemann `96 (MA `08)  (He/Him)
    Director of Advancement Services
    jclasema@css.edu | (218) 723-6479
    css.edu
    One Day of Giving. Endless Possibilities!

    Confidentiality Notice: The content of this message is the proprietary and confidential property of The College of St. Scholastica, and should be treated as such. If you are not a designated recipient, you are hereby notified that any dissemination, copying or distribution of this email or its contents is strictly prohibited. You may not review, copy or share this message; please delete this message from your system and notify me immediately by reply e-mail. Any unauthorized use or distribution of the content of this message is not permitted and may be illegal. Unless otherwise stated, opinions expressed in this email are those of the author and are not endorsed by The College.  





  • 4.  RE: Outside fundraising by athletic team

    Posted 02-27-2025 03:47 PM

    Thanks, John and Joel!



    ------------------------------
    Gabrielle Read-Hess
    Coe College
    greadhess@coe.edu
    ------------------------------



  • 5.  RE: Outside fundraising by athletic team

    Posted 02-28-2025 08:58 AM
    Edited by Michele Whitaker 02-28-2025 09:23 AM

    Hi,

    Our institution's fundraising policy requires all fundraising efforts to be approved by our Advancement department. Enforcing this policy can be challenging, but it is very important for many reasons. 

    Management of the funds after the fundraiser would be a significant concern.  Any funds raised should be disbursed with the appropriate oversight, which is not the only reason that would be problematic, but a serious, ethical one. 

    By outside platform do you mean something like Vertical Raise, or Giving Zone? 

    When we receive money from one of these platforms, we account for the platform as the "donor" and categorize the gift type as "other", so we know it is not an actual "gift".  We do not issue any tax receipts. Sometimes we may attempt to collect the individual donor gift activity, if available, and file it for future use, but it's typically nominal amounts, and not something we're overly concerned about. 

    Aside from the fact that the fundraising group is paying high fees on the funds collected, and potentially missing out on the fundraising support the Development and Advancement Services teams could offer, if the fundraising efforts are disclosed and approved, what other concerns do you have about groups using external platforms for a fundraiser? 



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    Michele Whitaker
    Baton Rouge Community College Foundation
    [whitakerm@mybrcc.edu]
    ------------------------------



  • 6.  RE: Outside fundraising by athletic team

    Posted 02-28-2025 11:16 AM

    Thanks for your thoughts, Michele. Yes, the management of the funds is of significant concern currently as we simply don't have a good sense of how that's been done. I did find that this "organization" has its own constituent record in our database and we have received checks from this entity in the past - presumably the transfer of funds from this outside platform (Snap! Raise). My concerns are less about their use of this platform, and more about 1) the management of their funds, and 2) any violations of IRS/NCAA, etc, regulations regarding the team operating an entirely separate fundraising entity/organization/foundation falsely purporting to be a nonprofit.

    I'm curious if any schools that have also seen this happen have experienced direct consequences outside their own administration, like from the IRS or NCAA. While our office has been working hard over the last two years with our athletics department to establish proper protocol and processes, the relationship is strained and enforcement is lacking. Now that this situation has come to light, we're working to compile the potential real-world consequences of their activities to hopefully help them understand why they need to stop and work through us on their fundraising instead.



    ------------------------------
    Gabrielle Read-Hess
    Coe College
    greadhess@coe.edu
    ------------------------------



  • 7.  RE: Outside fundraising by athletic team

    Posted 02-28-2025 11:35 AM
    You won't find organizations that raise their hands and say, "Look at us-we were fined!"

    The question shouldn't be what might happen if discovered. Instead, this issue is best reviewed by your Counsel and their review of potential risk to the organization.

    You already know that these activities are inappropriate. Now, senior administration, knowing the facts, must put in writing whether they will permit this going forward.

    I have worked with numerous clients on matters such as this. Usually, Counsel will issue a cease and desist order to the outside entity. Typically, it is because they are using your name without any oversight or controls. If anything goes "bad," the institution's reputation will suffer.

    However, occasionally, counsel will suggest that the risk is "immaterial." That's their call. But I want that in writing!

    John

    John H. Taylor, Principal
    John H. Taylor Consulting, LLC
    2604 Sevier Street
    Durham, NC     27705

    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987