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
2011
Open to Public Inspection
Name of the organization
Lafayette College
Employer identification number
24-0795686
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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—2011.
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—2010.
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—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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 2011 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2011
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
2011
Open to Public Inspection
Name of the organization
Lafayette College
Employer identification number
24-0795686
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) 2011
Schedule E (Form 990 or 990EZ) 2011
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
Racial Nondiscriminatory Policy
Form 990, Schedule E, Part I, Line 3
Via Website http://catalog.lafayette.edu (see Non-discrimination Policy Statement). Also on Website (same catelog section), see separate diversity and inclusiveness Statement.
Financial Aid from a Governmental Agency
Form 990, Schedule E, Part I, Line 6a
Federal grants: Federal Supplemental Educational Opportunity Grants (SEOG) Federal Work-Study Program Federal Direct Loan Programs (Stafford & PLUS Programs) Federal Pell Grants National Endowment for the Arts, EPA Fellowships Commonweatlth of Pennsylvania: Institutional Assistance Grant (IAG) PA Work-Study Redevelopment Assistance Capital Program (RCAP) PA State Grants to Students PA Council of the Arts Local Grants: Various, including Penn State Survey & Boro of Nazareth (see IPEDS for details).
Schedule E (Form 990 or 990-EZ) 2011
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
2011
Open to Public Inspection
Name of the organization
Lafayette College
Employer identification number
24-0795686
Identifier
Return Reference
Explanation
Governance Management & Disclosure
Form 990, Part VI, Section A, Line 2
Trustees Fisher and Kamine had a business relationship in FY 2011-12 for the 6/30/12 Form 990. Trustee Cox and Officer Muhlfelder had a business relationship in FY 2011-12 for the 6/30/12 Form 990.
Management Company Details
Form 990, Part VI, Section A, Line 3
The College contracts with Sodexo Dining Services to manage its academic year dining, summer dining and campus catering operations. The FY 2011-12 expenses incurred for the student-related program are included as part of Auxiliary Services expenses (Form 990, Part IX, Line 24b). For calendar year 2011, the College paid a total of $6,590,271 to Sodexo for these services as disclosed in Form 990, Part VII, Section B. (Attachment 3)
Significant Changes to Organizational Documents
Form 990, Part VI, Section A, Line 4
There were two amendments to the Statutes (Sections 45 & 46) approved during the 2011-12 tax year because of the addition of the new Compensation Committee as a Standing Committee of the Board of Trustees.
Form 990 Review Process
Form 990, Part VI, Section B, Line 11A
The Form 990 return is prepared by the College's Administration and forwarded to the College's outside tax advisor for review and input into electronic media. The College will discuss the return with its advisor and make revisions prior to the printing of a first draft return for review and comment by the Committee on Audit. The Committee on Audit reviews this first draft return, recommends changes and such changes are then incorporated into a revised draft return. This revised draft return is reviewed again by the Committee on Audit to ensure the Committee on Audit's requested changes were made. The Administration will then distribute the revised draft return to the full Board of Trustees with a request for review and comment. If any questions are received from a Board member and the return is revised as a result, the Administration will advise the full Board of the change before filing of the final return.
Monitoring and Compliance with Conflict of Interest Policy
Form 990, Part VI, Section B, Line 12C
The Conflict of Interest Policy for Trustees, Board Associates, Officers of Administration and Other Key Employees of Lafayette College was approved by the College's Board of Trustees on October 27, 1979. This policy is mailed to all applicable individuals annually for their review and disclosure of both any exceptions to the policy and any affiliations that the policy requires disclosure for. All disclosure required under this policy must be directed in writing to the Secretary of the Board of Trustees who shall be responsible for the administration of this policy. Matters under this policy concerning Trustees shall be initially reported to the Chairperson of the Board for appropriate action. Matters concerning staff will be referred initially to the President. Information disclosed to the Secretary (or Chairperson or President) will be held in confidence except when the best interest if the institution is served by disclosing the information to the Board in Executive Session.
Records Retention Policy
Form 990, Part VI, Section B, Line 14
The Controller's Office has a written records retention policy that is posted and available for staff review. This policy is consistent with IRS record retention guidelines. Other campus offices may also have their own office policy for retention, consistent with guidelines established for outside regulatory agencies and the office's needs. There is no formal overall campus-wide records retention policy.
Process for Determining Compensation of CEO and Officers of Administration
Form 990, Part VI, Section B, LInes 15A & B
For the CEO, the Board Chair obtains relevant data for comparable institutions by surveys and other available resources. There is also an annual performance evaluation. For Officers of Administration (Vice-Presidents), the President reviews national data from organizations such as CUPA (College and University Personnel Administration). There is a performance evaluation that includes input from applicable Trustees with whom the Officer works closely. There is also benchmarking against the salaries of comparable institutions.
Document Availability to Public
Form 990, Part VI, Section C, Line 19
The College's audited financial statements for fiscal years 2011-12, 2010-2011, 2009-2010, 2008-2009 and 2007-2008 are available on the College's website. The College does not make its governing documents and conflict of interest policy available to the public on its website. Requests for copies of Forms 990 and 990T are provided promptly upon request in either hard-copy or electronic form and the College does not charge for either copying or mailing costs. After the filing of the Form 990 return for the same tax year, the College will provide either an electronic or hard-copy version directly to Guidestar so they are available to Guidestar for uploading to the Guidestar website. The most recent three years Form 990 returns available are included on the Guidestar website. The College also cooperates with third-party organizations such as Guidestar to the extent possible if they have more detailed questions about our return. The College's financial statements (and limited operating statistics) are also available on two additional websites: 1) The Municipal Securities Rulemaking Board's Electronic Municipal Market Access (EMMA) website: http://emma.msrb.org The College is required to file with EMMA per our 15c2-12 requirements associated with some of its tax-exempt debt. 2) Digital Assurance Certification (DAC)'s website: http://www.dacbond.com/ The College utilizes DAC as a method of getting our documents to EMMA but DAC also posts these documents to their own website where it is publically accessible free of charge. Users are asked to register on this site. The College's status as an organization exempt from Federal taxes dates back to December 1942. Upon request, the College will also provide a copy of its May 25, 2004 letter received from the Internal Revenue Service reaffirming the College's exempt status.
DONOR ADVISED FUNDS
Form 990, Part IV, Line 6
The College is not a sponsoring organization as described in Section 170(c)
Change in Net Assets
Form 990, Part XI, Line 5
NET UNREALIZED GAINS (LOSSES ON INVESTMENTS) (25,537,737) INVESTMENT EXPENSES 8,219,927 CHANGE IN ANNUITIES PAYABLE ESTIMATE (92,890) GAIN ON CONDITIONAL ASSET RETIREMENT - FIN 47 3,670,215 DISTRIB FROM PRINCIPAL TO FUND ANNUTITIES PAYABLE (1,887,847) CHANGE IN MV OF INTEREST RATE SWAP AGREEMENTS (8,557,684) PROVISION FOR UNCOLLECTIBLE NON OP PLEDGES REC 497,004 DISPOSAL OF PROPERTY, PLANT & EQUIPMENT 78,220 CHANGE IN POSTRETIREMENT BENEFIT COST (8,074,000) VOLUNTARY RETIREMENT INCENTIVE - FAC & NON FAC (1,283,047) ----------- TOTAL $(32,967,839) ===========
Procedures to Undertake Corrective Action
Schedule K, Part V
Effective May 1, 2013, Lafayette College established written procedures to ensure that all nonqualified bonds of an issue are remediated in accordance with the requirements under Regulation sections 1.141-12 and 1.145-2 and that violations of federal tax requirements are timely identified and corrected through the voluntary closing agreement program if self-remediation is not available under applicable regulations.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.