UC Santa Barbara Policies                             Policy 3010
   Issuing Unit:  Institutional Advancement                              
   Date :September 1, 1992
   
   
   
                                   
                 SOLICITATION AND ACCEPTANCE OF GIFTS
   
   I.   REFERENCES
   
        A.   University of California Development Policy and Administration
             Manual.
        
        B.   Delegation of Authority to Solicit and Accept Gifts to the
             University, President Gardner to Chancellor's, et al., dated
             March 24, 1986.
        
        C.   UCSB Policies Manual, Library Acquisitions, 1400.
        
        D.   UCSB Policies Manual, Acquisition of Art and Antiquities, 3000.
        
        E.   UCSB Policies Manual, Community Support Groups, 3025.
   
   II.  POLICY
   
        For the purposes of this policy, the term "gift" shall include
        pledges, bequests, and grants from private sources.  The dollar
        amount of a gift shall be the amount of cash or shall be equivalent
        to the fair market value of personal property.
   
        A.  Authority to Solicit and Accept
        
             In accordance with Section 100.4(dd) of The Standing Orders of
             The Regents and subsequent re-delegation at UCSB:
        
                  The Chancellor is authorized to solicit and accept gifts
                  or pledges up to $1 million.  (The Regents must accept
                  gifts or pledges over $1 million.)
        
                  The Vice Chancellor--Institutional Advancement and
                  Assistant Vice Chancellor--Development are authorized to
                  solicit gifts up to $1 million and to accept gifts or
                  pledges up to $25,000 to The Regents or to Community
                  Support Groups (see UCSB policy 3025).  No other UCSB
                  administrative/academic officer is authorized to accept
                  gifts on behalf of the University.  Letters of
                  acknowledgment from persons other than those to whom
                  acceptance authority has been delegated do not constitute
                  legally recognized acceptance.
        
        B.   Acceptance Restrictions
   
             1.   Gifts may be accepted only if they do not involve:
     
                  a.   Any exception to approved University programs and
                       policies.
                  
                  b.   Commitment by the University for more than seven
                       years.
                  
                  c.   Obligation(s) on the part of the University for
                       expenditures or costs for which there is no
                       established fund source.
                  
                  d.   Construction of facilities for which no capital
                       budget and Environmental Impact  Report have been
                       approved.
                  
                  e.   An interest in real property.
                  
                  f.   An amount or value in excess of $1 million.
     
             2.   It is not appropriate to accept gift checks which have
                  been backdated to the previous calendar year.
   
        C.   General Administration
        
             1.   Gifts to The Regents shall be administered, documented and
                  reported in accordance with established University
                  policies and procedures, shall be accepted in the name of
                  and become the property of The Regents of the University
                  of California.  The Gift/Private Grant Acceptance Report
                  (UDEV 100), Attachment A, is the University's official
                  internal record of acceptance of a gift by an authorized
                  official.
             
                  a.   When a gift is received in a campus department, the
                       Gift/Private Grant Acceptance Report (UDEV 100)
                       should be completed by the department and sent to the
                       Development Office no later than one week after
                       receipt of gift.  "Date received" (upper left corner)
                       is the date the gift physically arrived on campus,
                       not the date, for example, on a check.  For awards of
                       $250 or more from non-governmental entities which
                       designate a specific principal investigator as the
                       recipient, departments should also submit a 730-U
                       Conflict of Interest form, Attachment B.
                  
                  b.   Cash, including checks, must be deposited at a campus
                       cashiering station on the day it is received, and the
                       miscellaneous receipt number entered in the
                       appropriate box on the UDEV 100 form.
                  
                  c    Departmental acknowledgment (if any) should be sent
                       within one week of receipt with three copies to the
                       Development Office.
        
             2.   Gifts to Community Support Groups shall be administered,
                  documented and reported in accordance with UCSB policy
                  3025.
             
             3.   The University (or Community Support Groups) may accept
                  and administer racially restrictive funds or those
                  restricted to students of one sex, only so long as
                  unrestricted funds are available to balance out funds so
                  restricted.
             
             4.   Gifts to the University (or Community Support Groups) from
                  University employees may be accepted if the purpose of the
                  gift is to support bonafide University activities.
                  Because a gift to support an employee's own research,
                  business travel, etc., may have potential for abuse,
                  expenditures from these funds must be approved by the
                  department chairperson or dean/provost in order to insure
                  that the University's use of the gift support its tax-
                  deductibility.
        
        D.   Fund Raising Campaigns
        
             Fund raising events/campaigns on behalf of the UCSB campus must
             be in accordance with UCSB Policy 3005, Fund Raising.
        
        E.   Naming University Properties, Programs and Facilities
        
             The naming of University properties, programs and facilities
             will be in accordance with UCSB Policy 2015.
        
        F.   Gifts-in-Kind
        
             1.   In order to consummate a fully effective legal transfer of
                  a gift-in-kind for tax purposes, the property must be
                  placed under the control or in the physical possession of
                  a duly authorized representative of the University other
                  than the donor.
             
             2.   Special care must be taken to ensure that acceptance will
                  not involve financial commitment in excess of budgeted
                  items, or other obligations disproportionate to the
                  usefulness of the gift.  Consideration should be given to
                  cost of maintenance, cataloging, crating, delivery,
                  insurance, or display, as well as to space requirements
                  for exhibition or storage.  For Library acquisitions,
                  please refer to UCSB Policy 1400.
             
             3.   Departments and/or units within the University which are
                  to have custody of gifts-in-kind should be consulted
                  before this type of gift is accepted, and appropriate
                  budgetary decisions and consultations with the Budget
                  Office should be made prior to acceptance.
             
             4.   For donors wishing to contribute items such as trees,
                  shrubs, or other objects for the campus, the Development
                  Office and appropriate committees shall be consulted as to
                  the feasibility and appropriateness of such gifts.  For
                  example, the Planning Office, Facilities Management, and
                  the Campus Planning Committee may need to be consulted
                  prior to acceptance.
             
             5.   Appraisal
             
                  So that donors may secure income tax credit for their
                  gifts to the University when appropriate, they are
                  encouraged to secure a professional appraisal.  Because
                  the appraisal is used solely for the benefit of the donor,
                  the University deems the securing of such an appraisal to
                  be the donor's personal responsibility.  The Internal
                  Revenue Service could challenge the accuracy and
                  objectivity of any appraisals in which the University has
                  been directly involved.  Thus, it is in the donor's best
                  interest that the University neither provide directly, nor
                  be responsible for securing the services of an appraiser
                  in connection with gifts to the University.
             
                  For internal administrative purposes only, it is
                  appropriate to have a qualified member of the University's
                  staff estimate a gift's value.  Such an estimate should
                  approximate, as nearly as possible, the market value, and
                  is a useful guide in establishing inventory control and in
                  determining appropriate handling, custody and insurance.
        
        G.   Deferred Gift Agreements
        
             No deferred gift agreement shall be accepted by The UCSB
             Foundation or The Regents on behalf of the campus unless
             approved by (1) Vice Chancellor--Institutional Advancement, (2)
             Assistant Vice Chancellor--Development and Executive Director
             of The UCSB Foundation, and (3) in the event that The UCSB
             Foundation is to act as trustee or investment manager, the
             Chairperson of the Finance Committee of The UCSB Foundation.
   
   III. ATTACHMENTS
   
        A.   Gift/Private Grant Acceptance Report (UDEV 100)
        
        B.   Conflict of Interest Form (730-U)
   



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Last Modified By: EBH, 7/09/98