1. 1. 1. Policy Statement

         This policy establishes the framework and standards governing the relationship between Regents of New Mexico State University (NMSU or the University) and the New Mexico State University Foundation, Inc. (Foundation), and other direct support organizations (DSO) to provide stability, long-term productivity, accountability, and effective philanthropic support to NMSU. To accomplish its mission, NMSU depends upon the engagement and support of alumni, donors, private foundations, corporations, business partners, and other external constituencies. Through its relationship with the Foundation, NMSU seeks to develop and sustain productive, long-term relationships with those who support the University.

         The Foundation is an independent, separately incorporated non-profit organization established to support NMSU through private philanthropy. The Foundation acts in an independent legal capacity and not as an agent of the University. It does not have authority to bind the University, commit University funds, assets, property, or other resources, incur obligations on behalf of the University, or exercise authority reserved to the Board of Regents, the President, or other University officials.

         Any project or arrangement undertaken by the Foundation or another DSO that requires the commitment or use of University or state funds, assets, property, credit, or other resources, in any form, must receive all approvals required by applicable law and University policy. Nothing in the University's relationship with the Foundation or DSOs authorizes the University or the Board of Regents to secure, guarantee, or assume debt or obligations of the Foundation or DSO except as expressly authorized by law. Naming or recognition associated with any such project or philanthropic activity is separately governed by RPM 18.01.

         NMSU will maintain an individual, written Memorandum of Agreement (MOA) with the Foundation and each designated DSO. Each MOA shall comprehensively define the respective roles, responsibilities, authorities, obligations, and operational relationship between the University and the specific entity. All agreements must contain provisions necessary to fully comply with applicable law, Regents policies, University policies, and regulatory requirements.

      2. Oversight, Roles, and Responsibilities

         The NMSU President is responsible for implementing this Regents Policy and for establishing the University's institutional priorities and fundraising objectives. The University and the Foundation will carry out their respective responsibilities in accordance with applicable law, this and other Regents policies, University policies applicable to University activities, and the then-current Memorandum of Agreement between the University and the Foundation.

         The Foundation serves as the University's primary organization for philanthropic fundraising and related advancement activities. In carrying out that role, and subject to the terms of the MOA, the Foundation's responsibilities include:

         1. Conducting and coordinating philanthropic fundraising activities in support of the University and in alignment with priorities established by the University;
         2. Identifying, cultivating, soliciting, and stewarding donors and prospective donors, as well as maintaining alumni and constituent relationships and engagement;
         3. Receiving, acknowledging, administering, managing, and investing gifts accepted by the Foundation for the benefit of the University, consistent with donor intent, applicable law, Foundation policies, University policies as applicable, and the MOA;
         4. Maintaining appropriate gift, donor, fund, and restriction records and providing the University with information necessary for stewardship, financial administration, compliance, and reporting; and
         5. Coordinating with University colleges, campuses, units, programs, and other University representatives regarding fundraising strategies, campaigns, donor engagement, gift opportunities, and stewardship.
         
         

         The University retains responsibility and authority for:

         1. Establishing the University's mission, strategic direction, institutional priorities, fundraising objectives, academic priorities, operational objectives, and capital priorities;
         2. Establishing the policies, procedures, and conditions under which NMSU recognizes, supports, or coordinates with affiliated organizations established to support the University;
         3. Establishing University policies and approval requirements governing gifts or philanthropic arrangements that create or may create financial, legal, contractual, operational, academic, or reputational commitments for the University;
         4. Governing the naming, renaming, and removal of names from University facilities, spaces, endowments, academic and administrative units, programs, positions, and other University assets in accordance with RPM 18.01;
         5. Establishing policies and procedures governing the nomination and award of honorary degrees in accordance with applicable Regents policy and ARP 18.05; and
         6. Establishing financial controls and procedures governing the receipt, administration, transfer, accounting, and expenditure of philanthropic funds.
         
         

         The University and the Foundation will coordinate their respective activities to promote effective fundraising, responsible stewardship, compliance with donor intent, transparency and accountability, and the long-term interests of the University. Nothing in this policy authorizes the Foundation to establish University policy, bind the University, commit University resources, or exercise authority reserved to the Board of Regents, the President, or other University officials.

      3. Reservation of Authority

         The Board of Regents retain ultimate responsibility for protecting the reputation, assets, relationships, and long-term interests of the University. Toward that end, the following actions or events require formal advance approval of the Board of Regents:

         1. Award of Honorary Degrees;
         2. Naming, renaming, or removal of names from the University's facilities, spaces, academic or administrative units, endowments, programs, or other University assets when Board of Regents approval is required by RPM 18.01;
         3. Acceptance of any non-monetary gift which contains material restrictions regarding its use or disposition;
         4. Acceptance of any gift that requires a substantial fiscal obligation by the University or creates a substantial in-kind, monetary, or future obligation of the University;
         5. Acceptance of any gift that includes real property;
         6. Acquisition, purchase, or long-term lease of real property; and
         7. Procurement or acceptance of other significant financial or physical assets. 

      4. Delegation of Authority

         Except for matters expressly reserved to the Board of Regents by this policy, other Regents policies, or applicable law, the Board delegates authority to the President to administer the University's advancement, philanthropic, and DSO efforts consistent with this policy. The President may further delegate administrative or approval authority to appropriate University officials as permitted by Regents policy and through applicable administrative procedures.

         Authority to name, rename, or remove the name of any University facility, space, endowment, academic or administrative unit, program, or other University asset will be exercised exclusively in accordance with RPM 18.01. Nothing in this policy delegates naming authority to the Foundation.

      5. Rulemaking Authorization

         The Regents of New Mexico State University authorize the President and University administration to formulate and amend the Administrative Rules and Procedures (Rules) addressing University activities in the area of advancement and philanthropy, asset management and other direct support activities, including the areas of responsibility listed in this RPM. Such Rules shall be consistent with this policy and shall be adopted in accordance with RPM 1.10 and ARP 1.10. The University will coordinate with the Foundation or direct support organization, as appropriate, regarding administrative procedures that materially affect coordinated activities not restricted to fundraising, gift administration, donor engagement, or stewardship under the MOA.

Related

Cross-Reference:

ARP 18.01 - Naming University Assets
ARP 18.05 - Honorary Degree Awards
ARP 18.10 - Namings and Other Honorific Recognition
ARP 18.20 - University Advancement – Gift Income, NMSU Endowments, NMSU Foundation, Inc.

Revision History:

10/01/2026 Amendment approved by the Board of Regents
Recompiled 2017
06/27/2016 Policy adopted by BoR, superseding Policy 2.75, University Advancement-Gift Income, NMSU Endowments, NMSU Foundation, Inc.