M E M O R A N D U M March 23, 2010 To: Members of the Board of Trustees From: Nancy L. Zimpher, Chancellor Subject: Naming Opportunities Policy and Procedure I recommend that the Board of Trustees adopt the following resolution: Whereas by Resolution 2005-21, adopted January 25, 2005, the State University Board approved the �Policy and Guidelines for Naming Opportunities on State University of New York Campuses� (�2005 Naming Opportunities Policy�), and authorized the Chancellor or designee to establish administrative guidelines to implement the Policy; and Whereas on May 26, 2005, and in accordance with Resolution 2005-21, Chancellor King promulgated the �Chancellor�s Guidelines for Naming Opportunities on Campuses of the State University of New York� (�Administrative Guidelines�); and Whereas the University Office of Philanthropy and Alumni Affairs, in conjunction with the Office of University Counsel, as well as SUNY Advance, the University�s 64 chief advancement officers, has reviewed the 2005 Naming Opportunities Policy and Administrative Guidelines, and recommends that the Board approve the �Naming Opportunities Policy and Procedure (March 2010)� in order to expand philanthropic efforts and naming opportunities to meet the needs of the State-operated campuses; now, therefore, be it Resolved that Naming Opportunities Policy and Procedure (March 2010) (copy on file in the Office of the Secretary), be, and the same hereby is, approved; and be it further Resolved that Resolution 2005-21, and the Administrative Guidelines, be, and the same hereby are, repealed. Background The resolution approves a new naming opportunities policy and procedure for State-operated campuses and repeals a policy and administrative guidelines approved and promulgated in 2005. The 2005 Policy and Administrative Guidelines set forth general principles and guidelines, including the concept that naming is appropriated only when a significant gift is received; suggested minimum gift commitments for various categories of naming opportunities (e.g. a gift of 20% to 35% of an older existing facility�s current value or replacement cost); and authorized the Chancellor to approve naming guidelines for a campus that differ from the 2005 Policy and Administrative Guidelines. The Naming Opportunities Policy and Procedure (March 2010) continues many of the principles approved in 2005, but authorizes each campus to promulgate its own approval guidelines for campus naming opportunities, subject to the approval of the Chancellor. As required under the 2005 Policy, the SUNY Board shall continue to approve naming opportunities that involve gifts of $1 million or more. Naming opportunities that are consistent with the approval guidelines promulgated by the campus shall be approved by the campus President and college council or campus foundation, rather than by the Chancellor of designee as the 2005 Policy provided, with respect to gifts in excess of $100,000 and less than $1 million. The Chancellor or designee shall approve naming opportunities involving a gift of value of $100,000 to $999,999, if the naming opportunity is not consistent with a campus guideline. Naming Opportunities Policy and Procedure March 2010 Summary This policy and procedure establishes general guidelines for the permanent �naming of things� in recognition of philanthropy for the benefit of the State University of New York (University). This policy and procedure applies to state-operated campuses of the University. A. Policy 1. The naming of a physical or non-physical asset of the University is appropriate when a significant gift is received for the benefit of the University, directly or though a campus-related foundation, and to honor the character, service or other positive merits of the donor or the donor�s honoree. 2. A physical or non-physical asset may be named on behalf of an individual or legal entity. 3. The naming of a physical or non-physical asset in recognition of a donor or a donor�s honoree implies a promise to that donor that asset will be permanently maintained or, if change is unavoidable, that an alternative means of recognizing the donor or honoree will be found. 4. All combinations of gifts, pledges, and irrevocable deferred gift arrangements are acceptable forms of philanthropy to support naming commitments. With respect to deferred gifts, while the naming commitment may be immediate, the required amount may be set higher because of the delay in the campus foundation receiving the gift. 5. Buildings, campus grounds or other physical facilities will not be named for individuals currently employed by the University or the State of New York, unless a donor other than the honoree provides a sufficient gift (as per the campus� approved naming guidelines) in honor of that individual. 6. To support the naming of a non-physical asset (e.g. center, institute, program, academic unit) through the establishment of an endowment, the amount of the endowed gift should be sufficient to generate annual earnings (at a rate not less than 5%) that would be necessary to sustain the non-physical asset on a permanent basis. 7. To support the naming of annual term funds for faculty support, financial aid or other funding priorities, the donor should commit to providing an annual gift at least equivalent to the income from an endowment fund required to sustain the non-physical asset for a fixed period, typically three to five years. B. Procedure 1. At least every five years, each campus shall submit to the Chancellor for approval guidelines for campus naming opportunities. 2. All permanently named building and grounds must be approved by the campus president and college council, and all other physical assets and non-physical assets must be approved by the campus president and college council and/or campus foundation, as appropriate. 3. All naming opportunities that involve gifts of $1 million or more shall be approved by the Chancellor and the State University Board of Trustees. 4. All naming opportunities that involve gifts of less than $1 million shall be approved by the campus president and college council and/or campus foundation, as appropriate. 5. All naming opportunities that are inconsistent with the campus�s naming opportunity guidelines shall be approved as follows: i. If the value of the related gift is $1 million or more, by the Chancellor and the State University Board of Trustees; ii. If the value of the related gift is between $100,000 and $999,999, by the Chancellor or designee; iii. And if the value of the related gift is less than $100,000, by the campus president. 6. Each naming opportunity should be reviewed carefully for compliance with applicable law, including law related to prohibited gifts and ethical principles, especially where there is some direct or indirect business or other continuing relationship between the donor and the State University of New York, its officers or employees. Questions concerning applicable law should be referred to the Office of University Counsel. Chief advancement officers with other questions or concerns should contact the University Office of Philanthropy and Alumni Affairs. 7. All proposed names should be held in confidence during the review and approval process (there should be a minimum of communication about the proposed naming of things on a campus before approval has been given). 8. Each campus shall maintain a record of all named physical and non-physical assets and provide a copy of the record to the University annually. 9. Should a naming opportunity have been promised by a campus sometime in the past for a future or planned gift, such a gift and naming opportunity might be considered, �grandfathered�, from these policies if the campus can prove the gift and naming opportunity was accepted and documented in good faith and that compliance with the donor�s intent does not otherwise breach SUNY policy. O:\Resolutions\March 2010\naming opportunities.doc Board Resolution -4- March 23, 2010