Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
UNIVERSITY OF DELAWARE
Employer identification number
51-6000297
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE E(Form 990 or 990-EZ) Department of the TreasuryInternal Revenue Service
SchoolsComplete if the organization answered "Yes" to Form 990, Part IV, line 13, or Form 990-EZ, Part VI, line 48. Attach to Form 990 or Form 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
UNIVERSITY OF DELAWARE
Employer identification number
51-6000297
Part I
YES
NO
1
Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws,
other governing instrument, or in a resolution of its governing body?
......................
1
Yes
2
Does the organization include a statement of its racially nondiscriminatory policy toward students in all its
brochures, catalogues, and other written communications with the public dealing with student admissions,
programs, and scholarships?
......................................
2
Yes
3
Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during
the period of solicitation for students, or during the registration period if it has no solicitation program, in a way
that makes the policy known to all parts of the general community it serves? If "Yes," please describe. If "No,"
please explain. If you need more space use Part II.
.............................
3
Yes
4
Does the organization maintain the following?
a
Records indicating the racial composition of the student body, faculty, and administrative staff?
..........
4a
Yes
b
Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory
Other extracurricular activities?
.....................................
5h
No
If you answered "Yes" to any of the above, please explain. If you need more space, use Part II.
6a
Does the organization receive any financial aid or assistance from a governmental agency?
............
6a
Yes
b
Has the organization's right to such aid ever been revoked or suspended?
...................
6b
No
If you answered "Yes" to either line 6a or line 6b, explain on Part II.
7
Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05
of Rev. Proc. 75-50, 1975-2 C.B. 587, covering racial nondiscrimination? If "No," explain on Part II.
7
Yes
Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 50085D
Schedule E (Form 990 or 990-EZ) 2010
Schedule E (Form 990 or 990EZ) 2010
Page 2
Part II
Supplemental Information
Complete this part to provide the explanations required by Part I, lines 3, 4d, 5h, 6b, and 7, as applicable. Also complete this part to provide any other additional information (see instructions).
Identifier
Return Reference
Explanation
SCHEDULE E, LINE 3
THE UNIVERSITY OF DELAWARE IS COMMITTED TO ASSURING EQUAL OPPORTUNITY FOR ALL PERSONS AND DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, GENDER, RELIGION, ANCESTRY, NATIONAL ORIGIN, SEXUAL ORIENTATION, VETERAN STATUS, AGE, OR DISABILITY IN ITS EDUCATIONAL PROGRAMS, ACTIVITIES, ADMISSIONS, OR EMPLOYMENT PRACTICES. THIS STATEMENT IS INCLUDED ON A VARIETY OF UNIVERSITY FORMS AND PUBLICATIONS. A WEBSITE REGARDING THE UNIVERSITY'S COMMITMENT TO DIVERSITY CAN BE FOUND AT: WWW.UDEL.EDU/DIVERSITY
SCHEDULE E, LINE 6
THE UNIVERSITY OF DELAWARE PARTICIPATES IN THE FOLLOWING FEDERAL STUDENT FINANCIAL AID PROGRAMS: FEDERAL PELL, FSEOG, FEDERAL WORK STUDY, ACADEMIC COMPETITIVENESS GRANT (ACG), NATIONAL SMART GRANT, FEDERAL PERKINS LOAN AND FEDERAL STAFFORD LOAN PROGRAMS.
Schedule E (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
UNIVERSITY OF DELAWARE
Employer identification number
51-6000297
Identifier
Return Reference
Explanation
Business Relationships
Part VI, Section A, Line 2
One trustee, who is a financial advisor, has a business relationship with three other trustees. CHANGES TO GOVERNING DOCUMENTS Part VI, Section A, Line 4 The Bylaws of the Board of Trustees of the University of Delaware were revised in May of 2011. Most of the changes were cosmetic in nature and were designed to address formatting and improve the overall organization of the document. Noteworthy changes to the Bylaws included the following: - The expansion of Section 1.1.2. Vacancies; Resignation; Removal of Trustees, to (1) make the vacancy language in Section 1.1.2.1. consistent with sections of the University Charter; and (2) add language proscribing how Trustees can voluntarily resign or be involuntarily removed. - The expansion of Section 1.3 Conflict of Interest, to (1) extend conflict reporting obligations to "affiliates" of Trustees; (2) clarify the circumstances under which a Trustee must recuse himself or herself from Board consideration of a matter in which the Trustee has a conflict; and (3) require Trustees to file on an annual basis a conflict of interest disclosure statement. - The revision of Section 3.3.1. Administrative Officers of the Univerity, to identify four officer positions (President, Provost, Executive Vice President, and Vice President and University Secretary) and provide a new provision authorizing the Board to approve additional officer positions by enactment of an appropriate Board resolution. - The addition of Section 3.3.2. President of the University which proscribes (1) who appoints the President and for what term; (2) the process for filling a Presidential vacancy; and (3) the standard for removal of a President. - The revision of Section 3.3.2.6. by adding language that the President is authorized to appoint Deans, subject to Provost approval and confirmation by the Trustees. - Revise Section 3.3.5. The Vice President and University Secretary by elimination of governmental relation responsibilities and reassigning them to the Provost and Executive Vice President. MEMBERS WHO MAY ELECT ONE OR MORE MEMBERS OF THE GOVERNING BODY Part VI, Section A, Line 7a Eight of the University's trustees shall be appointed by the Governor, by and with the consent of a majority of the members elected to the Senate.
FORM 990 REVIEW
Part VI, Section B, Line 11B
The University's Form 990 is prepared by the Office of the Vice President for Finance and Administration and signed by the Vice President for Finance and Administration. The Form 990 is reviewed by additional members of University management, including the Executive Vice President and University Treasurer, and the Vice President and General Counsel. It is also reviewed by the University's independent tax advisors who sign the return as "Paid Preparers." The Audit Visiting Committee of the Board of Trustees reviews and discusses the full Form 990 at its spring meeting (held in April 2012). Additionally, the full Form 990 is reviewed by the full Board of Trustees prior to the filing of the Form 990 with the IRS.
CONFLICT OF INTEREST
Part VI, Section B, Line 12c
The Board of Trustees, Officers and key employees of the University, by virtue of their offices, have a fiduciary relationship with the University which requires that they act in good faith and with fidelity to the University's best interests. The University has written conflict of interest polices which are intended to permit the University and its Trustees, Officers and other key employees to identify, evaluate and address any conflict of interest that might call into question this fiduciary duty to the University. The conflict of interest policy covering Trustees is documented in the Bylaws of the Board of Trustees of the University, Section 1.4. The conflict of interest policies covering Officers and other key employees are documented in the following University policies: 4-41, Professional and Salaried Staff Code of Ethics and 6-11, Faculty and Professional Staff Involvement in Commercial Enterprises that have Relationships with the University of Delaware. Each Trustee, Officer and key employee is required to report any conflicts of interest to the University as soon as practical after they become aware of such a conflict. Each Trustee, Officer and key employee shall also annually complete a Conflict of Interest Questionnaire. The University monitors compliance with its conflict of interest policies by review of the annual conflict of interest questionnaires by the Office of the Vice President for Finance and Administration. If conflicts of interest exist for officers and key employees, the President (or his designee) determines the corrective measure, if any, to be taken to resolve the conflict, or will impose appropriate restrictions, if any on the person with the conflict. For conflicts of interest involving the President or Trustees, the Audit Visiting Committee of the Board of Trustees will be notified of the conflict and will recommend to the Executive Committee of the Board of Trustees the corrective measures, if any, to be taken to resolve the conflict or appropriate restrictions, if any to be imposed on the person with the conflict. The Executive Committee of the Board of Trustees, excluding such conflicted person, has the final approval of any recommended corrective measures or imposed restrictions. Such restrictions require excluding conflicted persons from discussion and approval of transactions benefitting them, directly or indirectly.
Officer and Key Employees Compensation Process
Part VI, Section B, Line 15 A & B
The compensation of all Officers of the University is reviewed and approved annually by the Compensation Committee of the Board of Trustees, and is subsequently REVIEWED by the Executive Committee of the Board of Trustees. Such process includes the use of benchmark compensation data and 3rd party experts. The Officers' compensation process is contemporaneously documented by the Compensation Committee of the Board of Trustees. The compensation of key employees is set by their respective supervising Officer within the constraints of the University's operating budget, which is reviewed and approved by the Finance Committee of the Board of Trustees, and subsequently by the full Board of Trustees. The Key Employees' compensation process is contemporaneously documented by the University.
JOINT VENTURE POLICY
Part VI, Section B, Line 16A AND 16B
ALTHOUGH THE UNIVERSITY DOES NOT HAVE AN APPROVED JOINT VENTURE POLICY, IT DOES HAVE A DRAFT POLICY AND DOES REVIEW ITS PARTICIPATION IN A JOINT VENTURE AS IT RELATES TO THE FEDERAL TAX LAWS, AND IT TAKES APPROPRIATE STEPS TO SAFEGUARD THE UNIVERSITY'S EXEMPT STATUS.
Disclosure of Governing Documents
Part VI, Section C, Line 19
The University's governing documents, conflict of interest polices and audited financial statements are available as public information on the University's website, and in hardcopy upon request. In addition, the University's Form 990, Form 990-T and IRS Determination Letter are made available for public review upon request.
OTHER CHANGES IN NET ASSETS OF FUND BALANCE
PART XI, LINE 5
NET UNREALIZED GAINS ON INVESTMENTS $180,741,119 Decrease in postretirement obligation 31,579,874 ------------- TOTAL 212,320,993
Schedule K, Part I, Line A, COLUMN F
In April 2004, the University issued $12,070,000 of Series 2004A Revenue bonds. Approximately $8,041,000 of these Series 2004A bonds were used to retire the Series 1993 Revenue notes. The remaining portion were used to construct a parking garage, to demolish existing University dormatories, to construct three new dormatory buildings, and for other capital improvements. In April 2004, the University issued $40,835,000 of Series 2004B Variable Rate Demand Revenue Bonds. The bonds were used to construct a parking garage, to demolish existing University dormatories, to construct three new dormatory buildings, and for other capital improvements.
Schedule K, Part I, Line B, COLUMN F
In July 2005, the University issued $49,945,000 of Series 2005 Variable Rate Demand Revenue Bonds. $37,880,000 of the Series 2005 Bonds were used to complete the construction of three new dormitory buildings, the demolition of some existing University dormitories, and other capital improvements started with proceeds of the Series 2004B Revenue Bonds. Also, $12,065,000 was used to Advance Refund a portion of the Series 1997 Bonds.
SCHEDULE K, PART I, LINE C, COLUMN F
In March 2009, the University issued $71,310,000 of Series 2009A Variable Rate Revenue Bonds. These bonds were issued for the purpose of refinancing the taxable bank demand note as follows: In July 2008, the University obtained a $73,600,000 30-day bank demand note at a variable interest rate based on one-month LIBOR. The note was used to redeem the Series 2007 Series Auction rate Revenue Bonds. The original series 2007 bonds were used to pay a portion of the costs of renovation, construction, and equipping of certain university project facilities.
SCHEDULE K, PART I, LINE D, COLUMN F
In December of 2009, the University issued $64,000,000 of Series 2009B Revenue Bonds in fixed rate mode with the sole purpose of refunding the Series 1998, 2001A, and 2001B Variable Rate Demand Bonds and terminating related interest rate exchange agreements.
SCHEDULE K, PART I (CONTINUED), LINE A, COLUMN F
In November 2010, the University issued $119,580,000 of Series 2010A Revenue Bonds in fixed rate mode with the purpose of (1) providing funds for the construction, addition to and renovation, as applicable, to the following project facilities: (i) basketball and volleyball facility addition to the Bob Carpenter Sports/Convocation Center, (ii) construction of the University's bookstore, (iii) renovations to Carpenter Sports Building, (iv) renovations to the Bob Carpenter Sports/Convocation Center, (v) construction/renovations to east campus utility plant, (vi) the construction of housing for approximately 800 dormitory beds, (vii) recreation upgrades to Frazier Field and (2) funding the costs of issuance of the 2010A Bonds.
SCHEDULE K, PART II, COLUMN A
PROCEEDS - BOND ISSUE 2004A/B
LINE 3 - INCLUDES INTEREST EARNINGS $1,132,732 LINE 6 - NET OF DEBT SERVICE RESERVE FUND AND THE DEBT SERVICE FUND $2,697,958
SCHEDULE K, PART II, COLUMN B
PROCEEDS - BOND ISSUE 2005
LINE 3 - INCLUDES INTEREST EARNINGS $1,465,087 LINE 7 - INCLUDES CREDIT ENHANCEMENT FEES $30,000
SCHEDULE K, PART II, COLUMN C
PROCEEDS - BOND ISSUE 2009A
LINE 6 - NO ESCROW, LOAN PAYOFF ON MARCH 17, 2009 $70,875,000
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.