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University of Bath Gifts in Kind Policy

This policy sets out the position on acceptance and management of gifts in kind to the institution.

Policy

Owner
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Version
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Approval date
15 Jul 2024
Approved by
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Date of last review
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Date of next review
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Introduction

1.1 Purpose of Policy

The University welcomes gifts in kind and this policy sets out the University of Bath’s position on acceptance and management of gifts in kind to the institution. Gifts in kind to individual staff do not fall within the scope of this policy (and instead should be considered in line with the University’s anti-bribery policy), though staff have a responsibility to ascertain whether a gift is being gifted to them personally or to the institution.

This policy should be applied to any gift in kind valued at £1,000 or above, from donors anywhere in the world.

1.2 Definitions

Gift in kind: in order to be considered as a gift in kind, the item being given must have a value to the University i.e., something that the University needs, would need to purchase, or would be able to sell and monetise immediately.

A gift in kind can be:

  • a gift of physical items such as property/real estate, art, books or equipment (e.g. research equipment provided as part of a research grant or IT equipment). These physical gifts may be kept or realised for cash, or
  • a gift of services rendered such as providing event facilities, catering or consultancy.

A gift in kind cannot be:

  • a gift of service where an organisation receives a benefit in return (for example, having their logo displayed at an event that they provide facilities for). This would be considered sponsorship;

  • gifts of shares or securities. These are not considered a gift in kind and will either be accepted as a financial gift and sold at the earliest opportunity, or the donor will be asked to sell them and donate the resulting funds as a financial gift to the University.

2. Policy

2.1 Accepting a gift in kind

All gifts in kind will be subject to the same policies and approvals as other philanthropic gifts, including (but not limited to) due diligence in accordance with the Ethical Fundraising Policy and naming approval in accordance with the Naming Policy. Acceptance of gifts in kind offered should be of benefit to the University and should not incur any additional administrative burden that would outweigh the benefit of accepting any such proposed gifts.

Where it is deemed that there would be a disproportionate burden placed on the University by accepting a gift in kind, the University reserves the right not to accept the gift in kind. This decision will be made in accordance with the following thresholds: for gifts in kind valued at £500,000 or less the decision will be made by the Director of Advancement; for gifts in kind valued between £500,001 to £999,999 the decision will be made by the Advancement Board via email correspondence; for gifts in kind valued at £1m+ and above, the University Executive Board will make the decision. If the gift in kind is refused, the Advancement Office will sensitively inform the prospective donor of the reason(s) for non-acceptance.

2.2 Liability

Once a gift agreement has been signed by all parties, the donor will not be liable for any damages, whether direct, indirect, incidental, special, consequential, or exemplary, arising out of or in connection with the use or possession of goods gifted to the University.

2.3 Gift Agreement

For all gifts in kind, the donor and the University must sign a Gift Agreement which should state the donor’s intent to gift the item(s) to the University. The Gift Agreement should include the market value of the item(s) (i.e., what the University would have to pay if the item was being bought on the open market). This value can be provided by the donor if they are able to evidence the value (e.g. using receipts or invoices). If the donor cannot evidence the value then an independent valuation must be obtained. The Gift Agreement will also make clear that the gift of the item is irrevocable.

2.4 Selling a gift in kind

If a gift in kind is accepted but there isn’t an operational need for the item(s) or it cannot be immediately utilised, a decision to sell the gift in kind can be made in consultation with the Director of Advancement. The sale will take place at the earliest opportunity unless the donor has agreed other conditions. The donor will be credited and recognised for the value realised from the sale of the gift.

2.5 Legacy gift in kind

Gifts in kind can be those gifted as part of a legacy gift. Legacy gifts can include property, books, archive items, art and artefacts. Often large value physical items such as property will be sold as part of the estate and the proceeds may be divided between a number of beneficiaries including the University, assuming there are no conditions which would prevent this.

Most legacy gifts in kind are commonly sold following a valuation and the proceeds directed to the legacy purpose; where this is not defined, a legacy gift may be directed to one of the University’s priority areas, as agreed with the Legacy and In Memory Manager/ Donor/ Donor’s family or executor.

Where there are conditions attached to a legacy gift in kind, the Legacy and In Memory Manager will determine whether these can be met. If any such conditions cannot be met and the item cannot be sold, alternative solutions will be sought with the executor such as suggesting an alternative recipient.

3. Roles and Responsibilities

  • The Director of Advancement has overall responsibility for this policy.
  • The Donor Relations Manager has responsibility for applying this policy day to day.
  • All University staff have a responsibility to ascertain whether a gift is being gifted to the institution rather than to them personally, and if it is, to ensure this policy is applied.
  • Gifts that may be used as a part of research activity should preferably be gifted to the University, unless this is specifically in conflict with the giver’s wishes. It is the individual staff member’s responsibility to ensure that, where such gifts are personal, consideration is given (in consultation with the relevant Head of Department or Dean) to the wisdom of using such gifts in University research.
  • The Legacy and In Memory Manager has responsibility for managing legacy gifts in kind, and ensuring gifts without a defined purpose are allocated appropriately.
  • Those with responsibilities outlined in the Ethical Fundraising and Naming policies will have responsibility for ensuring the relevant approvals are applied before a gift in kind is accepted.
  • Various Advancement Office staff are responsible for correctly recording gifts in kind on the database.
  • The Associate Director Advancement Services will liaise with the Assistant Financial Accountant in Finance and Procurement to add gifts of physical items to the asset register, when required.

5. Document Control Information

Owner: Director of Advancement

Version number: 1

Approval date: 15 July 2024

Approved by: University Executive Board

Date of review:

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