UC Irvine Delegations Index : Official University Policies & Procedures : Questions : UC Irvine

UC IRVINE DELEGATION OF AUTHORITY

IDA235 - Authority to Solicit and Accept Gifts

IDA 235

April 13, 1998

VICE CHANCELLOR-UNIVERSITY ADVANCEMENT
ASSOCIATE VICE CHANCELLOR-UNIVERSITY ADVANCEMENT
ASSISTANT VICE CHANCELLOR-UNIVERSITY ADVANCEMENT FINANCE AND ADMINISTRATION
DIRECTOR OF BUSINESS AND FINANCIAL OPERATIONS
MANAGER OF GIFT ADMINISTRATION

RE: Redelegation of Authority - To Solicit and Accept Gifts

The authority to solicit and accept gifts was delegated to Chancellors by Presidential Delegation DA 2011, dated March 23, 1994. I am redelegating to the Vice Chancellor-University Advancement and the Associate Vice Chancellor-University Advancement, the authority to solicit and accept gifts up to and including a value of $1 million, which do not specifically require approval as noted below. The Assistant Vice Chancellor-University Advancement Finance and Administration, the Director of Business and Financial Operations, University Advancement, and the Manager of Gift Administration, University Advancement, are redelegated authority to accept gifts up to and including a value of $1 million, which do not specifically require approval as noted below. The Assistant Manager, Gift Administration, University Advancement, is redelegated authority to accept gifts which do not specifically require approval as noted below, and which do not exceed $100,000.

Regental authorization is required for solicitation or acceptance of any gift that involves:

1. Exceptions to approved University programs and policies;

2. Obligations on the part of the University to expenditures or costs for which there is no established fund source;

3. Construction of facilities not previously approved.

Regental or Presidential authorization, as appropriate, is required for solicitation or acceptance of any gift that involves an interest in real property.

The authority to act under this redelegation is subject to the following conditions:

1. Whenever there is any ambiguity in the terms of a gift proposal or other question as to its legal effect, the matter shall be referred to the General Counsel and Vice President for Legal Affairs by the Vice Chancellor-University Advancement, with approval of the Chancellor, for interpretation and advice. A copy of the proposal and the General Counsel's opinion shall be provided to the Vice President-University and External Relations. If there is any doubt as to whether gift terms comply with the policies of the University, including those set forth in the Development Policy and Administration Manual, the questions shall be referred to the Vice President-University and External Relations for interpretation and advice prior to acceptance. Whenever the solicitation or acceptance of a gift might have an effect upon academic programs or Academic Senate responsibilities, the matter must be discussed with the Executive Vice Chancellor and the dean or director of the relevant unit before the gift is accepted.

2. Gifts to The Regents shall be accepted, administered, documented, and reported in accordance with established University policies, guidelines, and procedures.

3. Gifts to University support groups or campus foundations shall be accepted, administered, documented, and reported in accordance with the September 1995 Policy on Support Groups, Campus Foundations, and Alumni Associations; the April 18, 1996 Administrative Guidelines for Support Groups; and the October 13, 1989 Administrative Guidelines for Campus Foundations

4. Gifts to The Regents shall be accepted in the name of and become the property of The Regents of the University of California.

5. Gifts of $1 million and more to The Regents, the Campus Foundations, and the University Support Groups shall be reported quarterly to the President by the Chancellor; this responsibility shall not be redelegated.

Definition of Gifts

For purposes of this delegation, the dollar amount of a gift shall be the amount of cash actually received; or, if in the form of a pledge, the full amount pledged; or shall be equivalent to the fair market value of securities or personal property. The term gift shall be used as defined in the Guidelines for Review of Gifts/Grants for Research issued by the President on July 8, 1980 (attached).

This delegation of authority does not cover solicitation or acceptance of private grants, which is covered in Irvine Delegation of Authority, IDA236, dated April 13, 1998 [superseded by IDA374, dated April 6, 2005; superseded by IDA446, dated February 5, 2008].

This authority may not be redelegated further and supersedes my July 15, 1997 delegation on the same subject (IDA 226).

Laurel L. Wilkening
Chancellor

Attachment

cc: General Counsel and Vice President for Legal Affairs
Vice President-University and External Relations
Special Assistant, Coordination and Review
Director-Development Policy and Administration, OP
Executive Vice Chancellor
Vice Chancellors
Director, UCI Medical Center
Assistant Vice Chancellor, Accounting and Fiscal Services
Director, Research Administration
Counsel to the Chancellor Director, Internal Audit Coordinator, Campus Administrative Policies

Attachment to IDA235, November 14, 1997 Redelegation of Authority --To Solicit and Accept Gifts

July 8, 1980

CHANCELLORS
VICE PRESIDENT KENDRICK
EXECUTIVE ASSISTANT WILSON

Subject: Review of Gifts/Grants for Research

In a review of the University's gifts/private grants for research, the State Auditor General concluded that in many cases monies' awarded to the University which should have been classified and processed as grants were classified and processed as gifts.

To clarify this situation and to insure greater consistency among campuses, the following guidelines shall be observed:

In general, classify funds as gifts when the following characteristics exist:

donor does not impose contractual requirements;

funds are awarded irrevocably.

In general, classify funds as grants when the following characteristics exist:

provision for audits by or on behalf of the grantor;

the grantor is entitled to receive some consideration such as a detailed technical report of research results or a report of expenditures;

testing or evaluating of proprietary products is involved;

the research is directed to satisfying specific grantor requirements (e.g., terms and conditions stating a precise scope of work to be done rather than a general area of research);

a specified period of performance is prescribed or termination is at the discretion of the grantor;

funds unexpended at end of period shall be returned to the grantor;

patent rights requested by grantor.

Since in many situations all of the above characteristics will not be present, judgment must be exercised in order to classify the gift/grant in accordance with the intent of this policy. The decision as to whether a particular award should be considered a gift cannot be made based upon the presence or absence of a single characteristic or criterion. Rather, one must look at the award in toto in order to make a judgment as to its proper classification.

Regardless of the designation of an award for research as a gift or grant, it will be subject to the research review process as well as to the administrative rules and procedures which apply to all University Funds. The processing of gifts will not include the application of indirect costs. Processing of grants will include the application of indirect costs in accordance with University policy.

The above guidelines are not intended to indicate whether processing of gifts/grants occurs in the Contract and Grants Office or the Development Office. Report governmental grants to Systemwide Administration for inclusion in the contracts and grants EDP system and report all other gifts/grants to Systemwide Administration according to stated Gift and Development reporting needs. However, organization of the processing/ acceptance/administration of gift/grant funds is a local matter.

David S. Saxon
President

cc: Principal Officers of The Regents
Laboratory Directors
Members, President's Administrative Council

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