
What to Do When Donors Make Things Complicated - DoreenMichele
https://www.philanthropy.com/article/What-to-Do-When-Donors-Make/246151?key=GCZRFFWJmdWfHIIYJmst8KrNaUOncSv3UoVuDqOI1q2Y70cc-pei89psEW1CHwrJWEVET1dBTGFNVGE4QndvSmFWUk5aazcyM3hUWTdkS1ZCcU94S05ITnJqWQ
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tobtoh
As someone who transitioned from IT management to alumni relations/fundraising
at an NFP, I've experienced a couple of these 'complications'\- they crop up
in all sorts of ways.

A couple of examples:

1\. Donor (decades ago) created a scholarship for boys from his old school
(boys schools) to come and study at my institution. However, since then, the
school has become co-ed and we now get the occasional situation when no boys
apply, but we have exceptional female students applying. The trust which
controls the scholarship will not allow us to award the scholarship to females
as that will contravene the will.

2\. We had one recently deceased donor donate $10k in her will for daffodils
for our grounds. Our grounds are not that large nor are there many suitable
places for the daffodils - eek! Luckily we were able to discuss the issue with
her daughter and modified the request to become some memorial benches and
daffodils.

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kylec
Maybe you should just not award the scholarship altogether, if the funds
cannot be allocated fairly.

~~~
belorn
Getting rid of scholarships that differentiate on gender, race, or religion on
a national level would be a nice improvement to society. I suspect however
that such change has very little political support.

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Waterluvian
It can be complicated the other way around, too.

I donate annually to a local high school in my mom's honour. It's for women in
STEM. This was my first donation since the fund ran dry. I was so excited to
give out the awards at commencement.

One young lady added it to her pile of other awards without a smile and the
other didn't even show up despite being told they were receiving it.

It was really important to me and I inflated it so much in my mind so it's
kind of my fault. Had a pretty good cry in the parking lot after just slipping
away early.

It taught me how hard it can be to get a reward to the right person who needs
it and deserves it. It also left me thinking about how picky can I be. Can I
ask them to find people who aren't wealthy or already loaded with
scholarships?

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netaustin
I clicked on this article since I know of a good example of a donor making
things complicated and half-expected to see it here. When I rented my current
NYC apartment in 2012, I googled my landlord, a man named Paul Bogoni, and
found this atop the search results: [https://law.justia.com/cases/new-
york/appellate-division-fir...](https://law.justia.com/cases/new-
york/appellate-division-first-department/2010/2010-08801.html)

The cases in the article don't quite approach this magnitude of conflict —
what do you do when a donor defaults on a pledge? What do you do when a donor
sues you because they're unhappy with how you spent their money?

~~~
sandworm101
>> what do you do when a donor defaults on a pledge? What do you do when a
donor sues you because they're unhappy with how you spent their money?

Talk to a lawyer. Sometimes pledges are just empty promises. Sometimes they
are actually contracts. The former can be ignored. The later must be handled
by legal professionals.

Examples:

I promise to give you $100 = nothing. I promise to match donations up to $100
= contract. I promise to leave you $100 in my will = nothing. Let my kid hang
a painting in your gallery and get $100 in my will = contract.

The use of famous names can be tricky irrespective of whether they once
donated or not. "The Micheal Jackson school of dance" ... expect lawyers. "The
Trump memorial outhouse" = free speech ... also expect lawyers but feel good
that you are in the right.

~~~
thaumasiotes
> I promise to match donations up to $100 = contract.

Hm? Where's the consideration for me? Doesn't a contract require consideration
on both sides?

~~~
mac01021
You have to engage in whatever fundraising efforts are necessary to obtain the
first $100.

In this case, we both value progress in the philanthropic endeavor, so we make
a contract: "if you generate $100 of investment in the endeavor for me, then I
will invest $100 in the endeavor for you."

~~~
thaumasiotes
I am pretty confident such a contract would be legally defective and
unenforceable in those terms. You raising money for yourself is not
consideration that I receive, regardless of whether I think it's a good thing.

~~~
sandworm101
The contract is also between the donor and _other donors_ that give on the
belief that thier donations will be matched. Because of the promise (offer)
they do something they otherwise would do (consideration). And they accept by
giving the money.

