ERIC Number: ED442326
Record Type: RIE
Publication Date: 2000-Jan
State University-Related Foundations and the Issue of Independence. AGB Occasional Paper No. 39.
Roha, Thomas Arden
Association of Governing Boards of Universities and Colleges
This paper examines eight key cases over the past two decades that have affected the way foundations raise funds to help state colleges and universities with which they are affiliated, and thereby risk losing their legal status as independent entities. Sections of the paper review three cases in which foundations were ruled public entities; three cases in which foundations were found to be independent; and two hybrid rulings that provide additional insights. The paper also offers seven "touchstones" to help insulate an affiliated foundation from legal challenges to its privacy and independence. They include: (1) having an independent board of trustees; (2) not accepting rent-free space; (3) carefully spelling out arrangements for using university personnel; (4) retaining outside legal counsel; (5) avoiding suspicion of wrongdoing and if challenged voluntarily releasing all pertinent information; (6) routinely releasing all information about public funds; and (7) having written agreements that set forth the terms of the foundation's working relationship with the university and affirming its independence. A table summarizes the eight cases. (SM)
Descriptors: Court Litigation, Donors, Educational Finance, Higher Education, Legislation, Nonprofit Organizations, Philanthropic Foundations, Private Financial Support, State Colleges, State Universities
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Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: Association of Governing Boards of Universities and Colleges, Washington, DC.