Donor Control & Influence

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Donor Control & Influence

May 30, 2024
mike@standardsmichigan.com

“The Architect’s Dream” 1840 Thomas Cole

In the fiscal year ending June 30, 2023, charitable donations to U.S. colleges and universities amounted to $58 billion.  This figure represents a slight decline of 2.5% from the previous year’s record of $59.5 billion, but it remains the second-highest level of donations in history​ (CASE)​​ (Inside Higher Ed)​.   This figure includes money donated for new building projects and other capital expenses.

Some benefactors contribute to the lifecycle upkeep of buildings they help fund. These contributions often come in the form of endowed funds specifically designated for the maintenance, repair, and renovation of facilities. Such endowments are crucial as they provide a continuous source of funding to ensure that buildings remain functional and in good condition over time.

CASE Global Reporting Standards

Charitable giving to colleges and universities in the U.S. is governed by a range of standards and best practices designed to ensure transparency, accountability, and effectiveness. These standards help donors, institutions, and the public understand and manage the complexities of philanthropic contributions. Key standards include:

  1. Donor Intent and Restrictions:
    • Documentation: Donor intent should be clearly documented in gift agreements or endowment contracts to ensure funds are used as intended.
    • Restrictions: Restrictions on the use of funds must be explicitly stated and agreed upon by both the donor and the institution. These can include specific programs, scholarships, research, or infrastructure projects.
  2. Transparency and Reporting:
    • Annual Reports: Institutions should provide detailed annual reports on how donated funds are being utilized, including breakdowns of expenditures and outcomes.
    • Stewardship Reports: For major gifts or endowments, institutions often provide personalized stewardship reports to donors, detailing the impact of their contributions.
  3. Governance and Oversight:
    • Board Oversight: Boards of trustees or equivalent governing bodies should oversee fundraising practices and the management of donated funds.
    • Audit and Compliance: Regular audits and compliance checks should be conducted to ensure adherence to donor restrictions and institutional policies.
  4. Ethical Fundraising Practices:
    • Professional Standards: Fundraisers and development officers should adhere to ethical standards set by professional organizations such as the Association of Fundraising Professionals (AFP) and the Council for Advancement and Support of Education (CASE).
    • Confidentiality and Respect: Institutions must respect donor confidentiality and handle all interactions with integrity and respect.
  5. Tax and Legal Considerations:
    • IRS Regulations: Donations must comply with Internal Revenue Service (IRS) regulations to qualify for tax deductions. This includes proper documentation of gifts and adherence to rules regarding charitable contributions.
    • 501(c)(3) Status: Colleges and universities must maintain their 501(c)(3) tax-exempt status, which requires adherence to various federal and state laws governing charitable organizations.
  6. Gift Acceptance Policies:
    • Policy Framework: Institutions should have clear gift acceptance policies outlining the types of gifts they can accept, including cash, securities, real estate, and in-kind contributions.
    • Review and Approval: Complex or potentially problematic gifts should be reviewed by a gift acceptance committee or similar body to assess risks and alignment with institutional priorities.
  7. Endowment Management:
    • Spending Policies: Endowments should have spending policies that balance the need for current income with the preservation of principal to ensure long-term sustainability.
    • Investment Strategies: Institutions should adopt prudent investment strategies for their endowments, often guided by the principles of the Uniform Prudent Management of Institutional Funds Act (UPMIFA).
  8. Recognition and Acknowledgment:
    • Donor Recognition: Institutions should have systems in place to appropriately recognize and thank donors, which can include naming opportunities, public acknowledgments, and donor recognition societies.
    • Acknowledgment Letters: Prompt and accurate acknowledgment letters should be sent to donors, including the necessary information for tax purposes.

By adhering to these standards, colleges and universities can effectively manage charitable contributions, ensuring that donor intent is honored, funds are used appropriately, and the institution maintains trust and credibility with its supporters and the broader public.

“Ten Books on Architecture” 30-20 B.C | Vitruvius

No single charitable organization claims hegemony over all others in the realm of charitable giving to U.S. universities but there are a others in the domain. 

  1. Association of Fundraising Professionals (AFP):
    • Role: AFP is a professional association that supports fundraisers through education, training, and advocacy. It serves a wide range of nonprofit sectors, including higher education.
    • Ethical Standards: AFP’s Code of Ethical Standards and Donor Bill of Rights are widely recognized and adopted by fundraising professionals in higher education.
  2. National Association of College and University Business Officers (NACUBO):
    • Role: NACUBO represents chief business and financial officers through advocacy, professional development, and research.
    • Financial Management: It provides guidance on the financial management of gifts, endowments, and other resources critical to higher education institutions.
  3. Council on Foundations:
    • Role: This membership organization supports grantmaking foundations in the U.S., including those that fund higher education.
    • Philanthropic Guidance: It offers legal resources, best practices, and networking opportunities for foundations that support colleges and universities.
  4. Charity Navigator and Guidestar (Candid):
    • Role: These organizations evaluate and rate nonprofits, including higher education institutions, based on their financial health, accountability, and transparency.
    • Public Accountability: By providing ratings and financial data, they help donors make informed decisions about their contributions to colleges and universities.
  5. Internal Revenue Service (IRS):
    • Role: As the federal tax authority, the IRS oversees the tax-exempt status of educational institutions and enforces compliance with laws governing charitable contributions.
    • Regulations: The IRS provides guidelines and requirements for tax-deductible donations, ensuring legal compliance in charitable giving.

 

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