External Relations

Gift Acceptance Policy

Section: External Relations Policies
Policy Name: Gift Acceptance Policy
Policy Owner: Vice President for Development and Alumni Relations
Responsible University Office: Office of Development and Alumni Relations
Origination Date: November 16, 2022
  1. SCOPE OF POLICYThis policy outlines the principles by which gifts will be accepted and defines those with authority to do so on behalf of the University.
    1. Gift
      A voluntary, non-reciprocal charitable donation of value in exchange for which no resources or services are expected, implied or forthcoming to the donor.
    2. Gift Acceptance Committee (GAC)
      The advisory committee chaired by the Vice President of Development and Alumni Relations (DAR) responsible for reviewing proposed gifts and making recommendations to the President regarding the acceptance of the gifts.The committee is comprised of the following:

      1. Vice President of Development and Alumni Relations, Chair
      2. Vice President and General Counsel
      3. Vice President of Finance
      4. Vice President for Research, Scholarship, and Innovation
      5. Vice President of Communications and Marketing
      6. President, Faculty Senate
      7. ProvostAs needed, subject matter experts from relevant University units or departments will participate on the Committee.
    3. Gift Agreements
      A formal document that provides a clear understanding of the mutual commitment between the donor and the University. Gift agreements include: the type of fund being created, the gift amount and payment schedule, and the University’s commitment as to how the fund will be expended in accordance with the donor’s intent.
    1. Gift Acceptance
      The University of Delaware accepts charitable gifts that support the University’s mission, vision, and values and comply with all applicable Federal and State laws and regulations.The University will not accept gifts that, in the judgment of the University:

      1. Violate the terms of this policy;
      2. Violate a federal, state, or other law;
      3. Violate a University policy;
      4. Were acquired by other than legal means, or that clear title to the donated asset does not flow directly from the donor to the University;
      5. Are too restrictive in purpose, too difficult or expensive to administer, or compromise the academic freedom of the University community;
      6. Do not align with the University mission;
      7. Could damage the reputation of the University, or are contrary to the University’s values;
      8. Could create unacceptable liability or cause the University to incur future unanticipated or anticipated expenses;
      9. Would jeopardize the University’s tax-exempt status;
      10. Provide a donor with goods or services of financial value in exchange for the donor’s gift, unless such value is fully disclosed in the time and manner as required under federal and state law and regulations.The acceptance of a gift does not imply nor mean that the University endorses or approves of the donor’s views, opinions, businesses, or activities.
    2. Return of a Gift
      The University of Delaware may return a gift to a donor at any time if a review process determines that the gift may 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.
    1. Gift Agreements
      1. The Office of Development and Alumni Relations is responsible for drafting all gift agreements documents which are then reviewed and approved by the donor and by University officials.
      2. Gift agreements are considered fully executed when both the donor and the University administration have signed the document.
      3. A gift agreement may be drafted as a letter of intent if the donor intends to fulfill his/her commitment through a third-party source or an estate gift.
    2. Gift Acceptance Committee (GAC) Review
      1. Members may convene the GAC at any time.
      2. All gifts may be subject to review and approval by the GAC; gifts with any of the following criteria will be reviewed and approved by the GAC:
        1. Gifts greater than $1,000,000 that include any conditions or restrictions (excluding established programs);
        2. Gifts of assets other than cash or readily marketable securities (except for planned gifts);
        3. Gifts that could draw significant public attention, or have significant reputational implications for the University;
        4. Gifts from international entities not already known to or affiliated with the University;
        5. Gifts that may have real or apparent conflicts of interest for the donor or University officers or employees.
      3. The Vice President of Development and Alumni Relations and the President have final approval of all gifts, subject to consultation with the Chair of the Board of Trustees as deemed necessary by the President.