(1) This Procedure is effective from 19 May 2022. (2) This Procedure sets processes for the University to receive and use philanthropic gifts in a lawful, responsible and ethical manner. (3) This Procedure applies to the solicitation, acceptance, and administration of philanthropic gifts to the University. This Procedure does not include in-kind cultural gifts, gifts of art and gifts of library materials which are managed in accordance with the Art Collection and Galleries procedure and Library Donations procedure. (4) This Procedure is pursuant to the Philanthropic Gifts Policy. (5) Deakin staff must inform Deakin Advancement of: (6) Deakin Advancement will undertake due diligence of prospective donors, including but not limited to: (7) Staff involved in soliciting gifts will consider the Philanthropic Gift policy before developing relations with potential donors. (8) Deakin University does not provide legal, tax or financial advice to donors. Donors are encouraged to discuss all gift planning decisions with their own legal, financial or tax advisors before entering into any commitment to make a gift to the University. Donors are responsible for all costs in relation to obtaining such independent professional advice. (9) The Prospect Strategy team within Deakin Advancement will undertake a due diligence assessment of all prospective gifts. The due diligence assessment will be appropriate to the value of the gift and may include but is not limited to: (10) The Chief Advancement Officer or the Vice-Chancellor can, at any time, refer a gift that creates a potential, perceived or actual conflict with the Philanthropic Gift policy or this Procedure to the Gift Committee for consideration. The Gift Committee will consider all relevant information and make a recommendation to the Chief Advancement Officer regarding the gift. (11) The Chief Advancement Officer can, on behalf of the University, accept or decline a gift. (12) The Chief Advancement Officer may return a gift at any time. (13) Once a determination is made to formally accept a gift, the gift documentation must be finalised and where required, signed by the donor and the University. Documentation may take the form of, but is not limited to, a gift agreement, a Will, a gift receipt. All gift documentation must include: (14) A gift agreement is not required for gifts under $25,000 but is advisable for designated gifts of $25,000 or more to ensure the donor’s intentions are clearly understood and documented. (15) The donor’s Prospect Manager, in collaboration with the Manager, Gift Processing and Administration will prepare a gift agreement using the gift agreement template. The gift agreement will include the information set out in clause 13, the pledge schedule and any other relevant information. (16) Deakin Advancement manages online giving and other online fundraising activities that support the University. (17) The Chief Advancement Officer may consider approving the use a third-party online donation system or additional online fundraising activities, where: (18) Deakin Finance will notify Deakin Advancement when the University receives payment or transfer of a gift/s. (19) Deakin Advancement will acknowledge gifts and issue receipts in accordance with legislative and regulatory requirements. (20) Cheques and cash must be deposited at the cashier’s office on the campus where the funds were received. (21) Credit card payments must be handled per the Payment Card Security Policy. (22) Cashier receipts must be promptly forwarded to Deakin Advancement for all gifts along with documentation supporting the gift. (23) Notifications of gifts expected to be directly deposited to the University’s bank account must be promptly forwarded to Deakin Advancement along with documentation supporting the gift. (24) Supporting documentation may include but is not limited to: a letter from the donor, a gift agreement, a grant agreement, a notice of successful grant, a University appeal or campaign form. (25) Deakin Advancement will review the supporting documentation to determine if the gift falls within the gift acceptance guidelines in this Procedure. Deakin Advancement will contact the notifier if additional information is required to make a determination or for the purpose of recording and administering the gift. (26) Cultural gifts, gifts of art and gifts of library materials are managed as per the Art Collection and Galleries procedure and Library Donations procedure. (27) Notification of cultural gifts, gifts of art and gifts of library materials must be forwarded to Deakin Advancement with supporting documentation for the purpose of recording and stewarding the gift. (28) In-kind gifts may be acknowledged by Deakin Advancement, however they must not be receipted. (29) The beneficiaries of the gift (i.e., the relevant organisational unit) are responsible for the management and monitoring of gift expenditure and must ensure the funds remain in credit. (30) Gifts must be expended in accordance with the donor’s intention, relevant laws, and with respect to the policies and procedures of the University. (31) The University’s preference is to convert non-financial gifts into cash (unless the gift agreement states otherwise) and use in accordance with the conditions in which they were given. Deakin Advancement will act on the advice from the Office of the Chief Financial Officer on the sale of non-financial gifts. (32) Endowed gifts are to be used in accordance with the conditions in which they were given, and are to be invested by the Chief Financial Officer or nominee into the University’s professionally managed investment portfolios. (33) The University is committed to ensuring gifts are used for their designated purpose. The Chief Advancement Officer can vary the designation of gifts, should circumstances render the University unable to direct the gift to the purpose originally intended. Where a formal gift agreement is in place, the University will endeavour to discuss with donors or their representatives alternative uses for their gift. (34) Gifts are not available for use until the funds have been received. Funds must be maintained in credit and expenditure committed against the anticipated receipt of funds is not permitted. (35) Where overspends are identified, the relevant organisational unit must check that only appropriate expenditure has been allocated to the gift and conduct analysis to consider whether the shortfall will be made up by anticipated income from interest or other distributions. (36) Expenditure against a gift, or the annual income generated, must meet the intent specified by the donor as outlined in the relevant documentation (e.g., letter from a donor, gift agreement, Will) and be retained for auditing purposes. (37) Gifts are to be recorded on the Advancement donor and alumni relationship management system and in Deakin UniFi to ensure accurate reporting of all philanthropic income to the University and for gift recognition purposes. (38) Deakin Finance will record, manage, track, invest and report to Deakin Advancement on monies received from fundraising. (39) Student Finance Group will report each study period to Deakin Advancement on the status and use of funds raised for University scholarships. (40) Scholarship recipients must report to the University in a timely manner to fulfill any reporting conditions of their scholarship. (41) Beneficiaries or nominees will report to Deakin Advancement on the status and use of funds raised for which their area is the beneficiary. (42) Deakin Advancement manages relationships with the University’s donors for the long-term benefit of the University including by: (43) Impact reports will be provided as specified in gift agreements to demonstrate the impact of gifts and that the University is properly acquitting its obligations. (44) The University will protect the confidentiality of donors consistent with their wishes, University policy and Australian legislation. (45) The University will not refund tax deductible gifts unless they were genuinely contributed in error, or if an administrative mistake was made. (46) For the purpose of this Procedure:Philanthropic Gift Acceptance procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
Due diligence
Gift acceptance
Gift agreements
Online giving and other fundraising activities
Gift processing and receipting
In-kind gifts
Gift expenditure
Gift reporting
Gift refunds
Section 6 - Definitions
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