1. Purpose/Abstract
1.1 This document sets out the University’s policy for naming and donor recognition. It is intended to clearly articulate the rationale for naming recognition decisions.
2. Introduction
2.1. The University of Derby holds the dual status of a company limited by guarantee under the Companies Act 1985 and an exempt charity under Schedule 3 of the Charities Act 2011.
2.2. The University welcomes and actively seeks philanthropic support in line with its charitable status and values.
2.3. The University values the generosity of donors and is committed to celebrating philanthropic support by naming spaces, buildings, scholarships, equipment, research centres, academic posts, and other opportunities. This show of appreciation for gifts received, raises awareness of philanthropy on campus, enhances the reputation of the University and of the asset, and encourages future donations.
2.4. This policy mitigates the legal, financial, reputational, ethical and dependency risks associated with naming and donor recognition, due diligence requirements and adherence to related internal and external regulations, policies, and procedures.
3. Scope
3.1 The University is registered with the Fundraising Regulator and follows the Codes of Fundraising Practice, which sets out the professional and ethical standards that apply to fundraising.
3.2 This policy applies to all philanthropic donations received by the University of Derby.
3.3 This policy applies to all staff across all colleges and departments of the University of Derby, both academic and professional services.
3.4 This policy applies to all companies in the University of Derby Group with the exception of Derby Theatre, which has its own policies governing fundraising.
3.5 The policy is intended as a guide both to prospective benefactors and members of the University community.
3.6 The policy deals with the most common forms of recognition but the University is open to considering others should benefactors so wish.
3.7 This document acknowledges that while recognition of philanthropy and gifts can take place in multiple ways, this policy applies specifically to gift recognition where the recognition is via naming.
4. Definitions
4.1 Philanthropic donations (gifts and donations are defined further in part 6 of the University's Finance Regulations) : a voluntary transfer of money, in-kind resource/service or time or beneficial loan agreement, or assets by an individual or organisation, made with philanthropic intent for the benefit of the institution. After receipt, the University must own the donation in full and any work, project or intellectual property that results. The donor may not retain any explicit or implicit control over a gift after acceptance by the University and there must be no contractual conditions attached to the donation.
4.2 Gift agreements: an agreement between both parties – the donor and the University – to clarify the purpose of the gift and any expected outcomes from that gift. Any gift agreement should not benefit the donor personally or offer any kind of sponsorship arrangements. Although gift agreements may specify eligibility criteria for the awarding of scholarships of recruitment of posts, these must be in line with all university policies and relevant legislation (such as the Equality Act 2010) and the University must retain decision-making power over the award of scholarships, awards or other appointments.
4.3 Donors: individuals, companies or funders making a philanthropic donation or gift to the University without receiving any material benefit in exchange.
5. Responsibilities
5.1. The Development Office is responsible for:
- Overseeing the implementation of this policy
- Liaising with donors, individuals and organisations to progress naming opportunities
- Communicating naming decisions to internal stakeholders once agreed
- Coordinating relevant signage and collateral for recognition as agreed
- Communicating donor naming decisions to external stakeholders in coordination with relevant colleagues e.g. Communications, Estates
- Maintaining accurate records of all donations recognised by the University to ensure appropriate stewardship of these donations. Finance also maintain a register of all cash received by the University, which includes philanthropic donations
- Reviewing this policy annually and submitting to the relevant University authorities for approval (currently the University Executive Board)
5.2. Members of the Gift Oversight Committee will review all naming proposals and make recommendations to the University’s Governing Council, the governing body of the University, as the charity trustees. They will consider all recommended naming proposals and will make final decisions on these.
5.3. All staff are expected to comply with this policy and to inform the Development Office of any potential naming opportunities before discussing these with a potential donor.
6. Policy Statement
6.1. The purpose of this policy is to ensure:
- The approach to naming recognition decisions is considered, consistent and in accordance with the University’s objectives and strategy
- The University’s reputation is not in any way damaged or compromised
- Compliance with wider university regulations and procedures is maintained
- Processes and criteria exist for:
- Decision-making for approval of naming recognition
- Parameters of naming recognition
- Record keeping and reporting of naming recognition
- Potential revocation of naming recognition
7. Policy Implementation
7.1. Naming recognition parameters
- The following situations can lead to naming opportunities in recognition of gifts and philanthropy:
- Naming in recognition of a gift – to express appreciation for an individual or organisation's philanthropic contribution to the University
- Commemorative naming – to recognise an individual or organisation’s connection to the University, or their extraordinary services to the University
- Hybrid naming – to celebrate an individual or organisation where both a gift to the University and outstanding service or connection is involved
- Over and above inclusion in the University’s published list of donors, naming recognition is available to the most generous benefactors. Naming recognition permits a building, a room, a lecture theatre, a Chair, scholarships, an academic prize, a major piece of equipment, or some other facility or item of value to the University (including research centres and Schools) to be named in honour of an individual or organisation
- Any materials relating to donor recognition and naming opportunities will be in keeping with the University’s brand and identity
- Donors may consider dedicating their contributions to honouring another person, whether living or deceased, or they may secure naming recognition for themselves or an organisation of their choosing, such as a company or philanthropic trust or foundation
- Naming opportunities attracted by commercial sponsorship will be time limited as determined by the sponsorship agreement. As commercial sponsorship is not classed as a donation or gift it is not covered under this policy
- Philanthropic gifts may be recognised in perpetuity unless there are extenuating circumstances where this may not be possible (see section 7.4)
- The following factors determine the naming cost/value:
- Past/current naming levels of other buildings, rooms or equivalent at Derby
- Levels of investment for named buildings at peer and aspirant schools/universities
- The prominence of the building, rooms or equivalent, its footfall/use and attractiveness
- Naming recognition is not available for facilities and equipment which have already been named at the behest of a previous benefactor or named by the University to honour an individual unless the timeframe within any gift agreement has passed
- Conditions regarding naming opportunities must be captured in the underlying gift agreement between the University and the donor
- The forms of recognition and associated conditions described here are neither fixed nor exhaustive. Prospective donors are welcome to suggest variations or request any other conditions which may accord better with their circumstances or wishes, provided they are in line with university values
7.2. Naming Recognition Approval:
- Names will be agreed between the donor and the University
- The Gift Oversight Committee review all naming recognition proposals and will make recommendations to Governing Council
- Final approval of a naming recognition sits with Governing Council
- Only once Governing Council has approved suggested naming will the donor be informed of this. Any discussions with a donor around potential naming ahead of Governing Council approval must be very clear that no fundraiser can offer or guarantee naming, and it is not an automatic result of specific circumstances (i.e. donations at a certain level do not automatically confer naming recognition)
7.3. Naming recognition record keeping and reports:
- Once naming recognition has been approved, the Development Office will inform the donor and prepare the gift agreement documentation in conjunction with the University’s legal team. This will be shared both with the donor and saved internally to ensure both the University and the donor have copies of the agreement
- All record keeping will be in line with both University-wide and fundraising-specific GDPR and privacy policies
- Unless anonymity is preferred, all donations will be acknowledged by the University in publications it produces for internal and external audiences. In addition, donors will be invited to events hosted by the University to express our appreciation
7.4. Revocation of naming recognition
- The University will not normally revoke the naming of a gift which has been accepted in good faith. If a situation arises which gives the need to review a previous decision to recognise a gift, the matter will be referred to the Governing Council
- Recognition may be withdrawn if, in the sole opinion of the Governing Council, continued association of the University with the named individual or organisation is likely to harm the University’s reputation or bring it into disrepute. In this event, the University shall not be obliged to return the original amount but may choose to do so at its sole discretion
- Should the criteria describing a scholarship award become unmanageable, illegal or obsolete (e.g. criteria based on gender, religion or nationality where exemptions do not apply under the Equality Act 2010) the University reserves the right to adjust the criteria. This will be done with input from the donor wherever possible, and the donor will be updated on any changes
- In the event that any position such as a named Chair which is supported by an endowment is disestablished for any reason, the yields of the endowment may be dedicated to a function or purpose within the University which, in the opinion of the University, most closely approximates the original intention of the benefactor and naming recognition will be transferred to this new function or purpose
- Should a named building, section of a building or piece of equipment ultimately be replaced or become obsolete, the benefactor or nominee will be honoured in a manner which the University deems to be commensurate with the original donation and the spirit in which it was provided and received
7.5. Where a donor (or prospective donor) believes that the above policy has not been followed, a complaint may be made to the Clerk to Council with the contact details below. Complaints from donors will be responded to in a timely, respectful, open and honest manner. The University will ensure that learnings from any complaints are acted upon.
Clerk to Council
University of Derby
Kedleston Road Derby
DE22 1GB
governance@derby.ac.uk
8.Sanctions
8.1. Failure of staff or students to comply with this Policy may be addressed in the context of the University’s procedures and/or the Staff or Student Disciplinary Policy.
9. Related Documentation
9.1. This policy is aligned with and is in coordination with the University’s:
10. References
10.1. This policy is in line with guidance provided by the Charity Commission for England and Wales, the National Audit Office, the Fundraising Regulator, and the Chartered Institute of Fundraising.
11. Equality Analysis
11.1. This policy has been designed to ensure that no-one receives less favourable treatment due to protected characteristics as defined under the Equality Act 2010.