Comprehensive Standard 3.2.13
institution-related foundation not controlled by the institution has a
contractual or other formal agreement that (1) accurately describes the
relationship between the institution and the foundation and (2) describes any
liability associated with that relationship. In all cases, the institution
ensures that the relationship is consistent with its mission. (Institution-related foundations)
Consistent with its mission, the University of South Carolina Upstate (USC Upstate) has the ability to accept gifts and grants of a complex nature through its relationship with the USC Upstate Foundation, Inc. and the Spartanburg County Commission for Higher Education.
According to the Bylaws of the Spartanburg County Commission for Higher Education, “the Commission is empowered to enter into contracts, make binding agreements, negotiate with educators and educational institutions, subject to existing legislative authority and, generally, to take such actions in its name as are necessary to secure for Spartanburg County and adjacent areas the necessary educational facilities to provide higher education.”
The Certificate of Incorporation (1973) for the USC Upstate Foundation identifies it as a South Carolina nonprofit, public-benefit corporation to accept “gifts for charitable, benevolent, cultural and educational purposes for the exclusive use and benefit of the University of South Carolina Spartanburg,” now the University of South Carolina Upstate.
The Bylaws of the USC Upstate Foundation state that the “USC Upstate Foundation (“Foundation”) is a non-profit corporation that operates within the provisions of Sections 501(c) 3 of the Internal Revenue Code of 1986, as amended. It is a sole-support Foundation for USC Upstate, located in Spartanburg, South Carolina.”
The Office of University Advancement houses USC Upstate Foundation, Alumni Relations, and Development. The mission of the Office of University Advancement is to support USC Upstate in all of its educational, research, instructional, scientific, literary, service, charitable, and outreach endeavors. The Foundation has a fiduciary responsibility for protecting its resources and spending its funds in accordance with the gift agreements signed by donors.