Use and Release of Donor Information UPPS No. 03.05.02
Issue No. 2
Effective Date: 08/21/2013
Review: January 1 E3Y
01. POLICY STATEMENT
01.01 This policy relates to all information about Texas State University (Texas State) donors. This information, which is owned solely by Texas State, is maintained by the Office of Donor Services (Donor Services), under the direction of the vice president for University Advancement. Information maintained in the university’s database ensures that the privacy of donors is protected to the fullest extent permitted by law. The information may not be given, sold, traded, exchanged, etc., to people or institutions not affiliated with Texas State.
02. DONOR-RELATED INFORMATION
02.01 Donor information shall not be released except as permitted under this policy or as required by law.
02.02 Definition of “donor information:” Donor information is defined as the name, any address, telephone numbers, giving history, rating or other information pertaining to a donor or potential donor to Texas State.
03.01 Only university employees authorized by the vice president for University Advancement and who have a need to know in order to perform their duties may access donor information. Donor information is used solely for development purposes in accordance with applicable policies.
03.02 All requests for donor information by any person or entity not authorized to receive such information should be directed to the vice president for University Advancement or the TSUS Office of General Counsel for handling, except for donors who donate in memory or in honor of someone. The names and addresses of donors who make memorial gifts or give gifts in honor of individuals may be released to immediate family members of the person memorialized or honored.
04. ANONYMITY POLICY
Donor Services will accommodate requests for anonymity options.
04.01 Complete Anonymity. This is typically used for selected gifts. The gift is not entered on a person’s record but instead on a generic record. Only the donor, Donor Services and perhaps the development officer working directly with the donor know who actually made the gift. The only indication of the gift on any report generated using Donor Services data is that a gift was made by an “Anonymous Alumni,” “Anonymous Faculty or Staff,” etc.
04.02 Anonymous Record. With this option, gifts and pledges continue to be entered on the record of an individual; however, their record is flagged as anonymous. This option is used for donors who do not want publicity regarding their donations, or any mention of their gifts outside the university community. These donors usually do not want personal thank you letters, other than the standard gift acknowledgement sent by University Advancement. They do not want to see their names on donor lists, wall plaques, etc. This coding remains permanent until otherwise requested by the donor. With this request, this donor is informed that removing the code will result in all prior and future gifts being available for publicity (unless individual gifts are coded as anonymous – see Section 04.03 below). Standard gift reports generated by Donor Services will not show the donor’s name or address, only the fact that a gift was made by someone requesting anonymity.
04.03 Anonymous Gift. A donor may make a single gift they do not want acknowledged outside the university community. This typically happens when someone does not want his or her spouse, or someone being honored, to know that they made the gift. On standard gift reports generated by Donor Services, the donor’s name will be identified but the report will also indicate that the gift was made anonymously. If considering publicity for the gift, staff members should communicate with the donor to determine appropriate action.
05. PROCEDURES FOR RELEASING INFORMATION
All gift records will be released only when authorized by the donor or as required by law. A limited exception to the disclosure of the name of the donor is provided in the Texas Attorney General’s Public Information 2008 Handbook. The Seventy-eighth Legislature added Section 552.1235 of the Government Code, which provides:
§552.1235. Exception: Identity of Private Donor to Institution of Higher Education
05.01 The name or other information that would tend to disclose the identity of a person, other than a governmental body, who makes a gift, grant, or donation of money or property to an institution of higher education or to another person with the intent that the money or property be transferred to an institution of higher education is excepted from the requirements of Section 552.021.
05.02 Subsection (a) does not except from required disclosure other information relating to gifts, grants, and donations described by Subsection (a), including the amount or value of an individual gift, grant, or donation.
05.03 In this section, “institution of higher education” has the meaning assigned by Section 61.003, Education Code.
06. REVIEWERS OF THIS UPPS
06.01 Reviewers of this UPPS include the following:
Vice President for University January 1 E3Y
Director, Donor Services January 1 E3Y
07. CERTIFICATION STATEMENT
This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedures from the date of this document until superseded.
Vice President for University Advancement; senior reviewer of this UPPS