Research Policy Analysis and Coordination
Chapter 9-200: Authority to Solicit and Accept Gifts
9-210 Authority of the President
Solicitation and acceptance of pledges and gifts are authorized under the Bylaws and Standing Orders of The Regents of the University of California. Standing Order 100.4, Duties of the President of the University, Section (dd) states in part: "... the President is authorized to execute on behalf of the Corporation all contracts and other documents necessary in the exercise of the President's duties, including documents to solicit and accept pledges, gifts, and grants..." The Standing Order then limits the power of the President by specifying that The Regents’ approval is required for solicitation or acceptance of any gift that involves:
- exceptions to approved University programs and policies [Standing Order 100.4(dd)(1)];
- obligations on the part of the University to expenditures or costs for which there is no established fund source [Standing Order 100.4(dd)(1)];
- construction of facilities not previously approved [Standing Order 100.4(dd)(8)];
9-220 Delegation of Authority for Gift Matters: Chancellors, Vice President-Agriculture and Natural Resources, and Senior Vice President-University Affairs
The authority granted to the President to solicit and accept gifts up to $5 million under Standing Order 100.4(dd) has been delegated by the President to Chancellors, the Vice President-Agriculture and Natural Resources, and the Senior Vice President-University Affairs within their respective jurisdictions. (The delegation of this authority to Laboratory Directors is discussed below in 9-710.) Any redelegation of this authority must be in writing. Note that the authority to solicit and accept grants is included in the same section of Standing Order 100.4(dd) as the authority to solicit and accept pledges and gifts. However, there is a separate delegation that establishes contract and grant authority apart from the delegation that establishes gift authority (refer to Chapter 13 of this Manual). Authority to solicit private grants is included in the contract and grant delegation and is excluded from the delegation of gift authority.
In the aforementioned delegation, the President also delegated to the Senior Vice President-University Affairs the authority to accept gifts to the University which have not been designated for a specific campus, or which have been designated for use by more than one campus or on a Universitywide basis or are over the $5 million limit noted above.
9-230 Conditions of Delegation of Gift Authority
The delegation of authority from the President to solicit and accept gifts also specifies that solicitation and acceptance of certain gifts requires Regents’ approval, as outlined in Section 9-210. In addition to those restrictions, the delegation is subject to the following conditions:
- If there is any ambiguity in the terms of a gift proposal, the matter shall be referred to the General Counsel for interpretation and advice. Copies of the advice letter shall be provided to the Senior Vice President-University Affairs. If there is any doubt whether gift terms comply with the policies of the University, including those set forth in the Development Policy and Administration Manual, the question shall be referred to the Senior Vice President-University Affairs for interpretation and advice prior to acceptance.
- Gifts to The Regents shall be administered, documented, and reported in accordance with established University policies and procedures.
- Gifts to Campus Foundations and University Support Groups shall be administered, documented, and reported in accordance with the Policy and Administrative Guidelines on Support Groups, Campus Foundations, and Alumni Associations. (See 9-410)
- Gifts to The Regents shall be accepted in the name of and become the property of The Regents of the University of California.