|| Advancement Office
|| Advancement Office
|| President's Cabinet
|Date of Approval:
|| November 1, 2011
|Date of Last Revision:
|Next Review Date:
WHEREAS, Heritage University is an independent non-profit Washington corporation. The University has received a determination letter from the Internal Revenue Service that it is a qualified 501(c)(3) organization, contributions to which are deductible for federal income tax purposes (to the extent that the Internal Revenue Code allows the deductions on contributions to qualified educational institutions), and
WHEREAS, the right to use the name and the trademark of Heritage University may be given only by the Board of Directors of the University and its duly appointed officials acting pursuant to the authority given them by the Board of Directors, and
WHEREAS, (i) the preservation of the University's 501(c)(3) status, (ii) the proper recordkeeping of financial contributions for the protection of the contributor, and (iii) the preservation of the University's reputation for professionalism and integrity (both with professional fund raisers and amongst the friends and financial supporters of the University) are essential to the University's continued success, and
WHEREAS, the Board of Directors intends to assure that the use of the name and the trademark of Heritage University and the solicitation of financial support for the University is at all times consistent with the purposes and objectives and in the best interests of the University and in adherence to both the Donor Bill of Rights and Standards of Ethics outlined by the Council for Advancement and Support of Education, establishes the following policies:
A. Donor/University conflict of interest
The interest of the donor shall come before that of the University. No program, agreement, trust, contract or commitment shall knowingly be urged upon any prospective donor which would benefit the University at the expense of the donor's stated interests and welfare.
Further, the University may inform donors about their previously completed contributions or gift plans which, in the University's opinion, jeopardize the donor's stated interests and welfare.
No agreement shall be made between the University and any agency, person, company or organization on any matter related to investments, management or otherwise, which would knowingly jeopardize the donor's stated interest and welfare.
B. Legal and Financial Counsel
Prospective donors shall be advised to consult with counsel of their choice for all matters related to charitable contributions such as drafting of wills, trusts, agreements, or other contracts. They shall be advised to consult with their financial or legal advisors on matters related to the tax implications and estate planning aspects of charitable contributions.
If, at the donor's request, a representative of the University makes referrals to financial or legal advisors, it shall be understood that the advisor is retained to represent the donor/client's interests.
The University shall consult with its legal counsel at its discretion in all matters pertaining to its receipt of charitable contributions and shall execute no agreement, contract, instruction or other legal document with any donor without the service of its legal counsel.
C. Authorized Solicitors
All solicitations of financial support and the establishment and conduct of fundraising events utilizing the name and/or trademark or carried on for the benefit of Heritage University must first be approved in writing by the Vice President for University Advancement.
Representatives of the University shall exercise extreme caution to avoid pressure, persuasion or undue influence during any gift discussions and will exercise prudent considerations of the donor’s stated personal interests as well as charitable objectives. All University personnel (paid staff or volunteers) authorized to contact prospective donors or to promote charitable giving shall not receive commissions which could give such agent a direct beneficial interest in any agreement. No University personnel shall knowingly promote, urge, or assist in acts that are self-dealing or secure personal financial gain from prospective or actual donors.
E. Confidential Information
All information concerning current and prospective donors including names and addresses, names of beneficiaries, nature and worth of estates, amount of provisions, etc. shall be kept in strict confidence by the University unless the donors grant permission to use selected information for purposes of referral, testimonial, or example.
F. Use and restrictions of funds
The use of donated funds for a purpose other than that stipulated by the donor is prohibited unless change of consent is approved by the donor. If another use is deemed necessary, consent for using the funds in a different manner may be sought from the donor (initiator of the fund) or may be altered in accordance with the terms of the gift agreement. If the use becomes impossible or unlawful, court approval may be sought to alter the use. Similarly, for a donor to change the originally stated use of donated funds, appropriate University officials must first agree to the change in writing.
Reason for Policy/Purpose
This policy covers all fundraising activity by university, including that done on behalf of the university by third parties.
Who Needs to Know this Policy
All members of the university community engaged in fundraising activities.
Website Address for this Policy
For more information about this policy, please contact the Advancement Office at 509-865-8587 or firstname.lastname@example.org. The Advancement Office is located in the Hitchcock Building on the Toppenish campus.
See policy statement
This policy is approved by the Board of Directors in addition to Cabinet
Related Policies and Resources
Accepting gifts on behalf of Heritage University
Donor and Alumni information policy