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. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
Barry University Inc
Employer identification number
59-0624364
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 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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2013.
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—2012.
If the organization did not check a 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—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 3
Part III
Support Schedule for Organizations Described in Section 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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and 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) 2013
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE E(Form 990 or 990-EZ) Department of the Treasury Internal 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. Information about Schedule E (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
Barry University Inc
Employer identification number
59-0624364
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 or Form 990-EZ.
Cat. No. 50085D
Schedule E (Form 990 or 990-EZ) 2013
Schedule E (Form 990 or 990EZ) 2013
Page 2
Part II
Supplemental Information. 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).
Return Reference
Explanation
Schedule E, Part I, Line 3
The publicity requirements of rev proc 75-50, 1975-2 c b 587 is satisfied by complying with section 4.02 as to statement of policy. The University draws its students from local communities and follows a racially nondiscriminatory policy as to students. It currently enrolls students of racial minority groups in meaningful number.
Schedule E, Part I, Line 6
Barry University receives assistance from Title IV programs including PELL, SEOG, CWSP, ETC.
Schedule E (Form 990 or 990-EZ) 2013
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.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
Barry University Inc
Employer identification number
59-0624364
Return Reference
Explanation
Form 990, Part VI, Section B, line 11
Barry University uses the following process to review the Form 990. An external tax firm prepares the return with input from the University's controller. The Vice President of Business and Finance reviews, approves, and signs the return. The external tax firm electronically files the return on or before the due date including extensions.
Form 990, Part VI, Section B, line 12c
On an annual basis, under the conflict of interest policy, each covered person shall execute an annual disclosure statement disclosing the facts related to any covered relationship. Ongoing: a covered person shall disclose the existence and nature of any covered relationship and all material facts prior to the consideration of a proposed transaction or arrangement by the board (for a trustee or the president) or the ECA (executive committee of the administration) (for covered persons not trustees). In the event that a potential conflict of interest arises at a board meeting for a trustee or the president, then the covered person having such a covered relationship in any matter shall disclose any material facts as to such covered relationship to the board in the event that a potential conflict of interest arises outside a board meeting and/or for a covered person not a trustee, then the covered person having such a covered relationship in any matter shall disclose any material facts as to such covered relationship to the ECA. After disclosure by a trustee or the president to the board of a covered relationship and all material facts, and after any discussion with the covered person, he/she shall leave the board meeting while the determination of a conflict of interest is discussed and voted upon. After disclosure by anyone other than a trustee to the ECA of a covered relationship and all material facts, and after any discussion with the covered person, the ECA will discuss and vote upon the determination of a conflict of interest. A covered person that is a trustee or the president may make a presentation to the board, but after such presentation, he/she shall leave the meeting during the discussion of, and the vote on, the financial transaction or arrangement that causes a conflict of interest. The chairperson of the board, if appropriate in his/her discretion, may appoint a disinterested person or committee to investigate alternatives to the proposed financial transaction or arrangement. After exercising due diligence, the board shall determine whether the University can obtain a more advantageous financial transaction or arrangement with reasonable efforts from a person or entity that would not give rise to a conflict of interest. If a more advantageous financial transaction or arrangement is not reasonably attainable under circumstances that would not give rise to a conflict of interest, the board shall determine by a super majority vote of the disinterested directors whether the financial transaction or arrangement is in the university's best interest and for its own benefit and whether the financial transaction is fair and reasonable to the university and shall make its decision as to whether to enter into the financial transaction or arrangement in conformity with such determination. A covered person (not a trustee) may make a presentation to the ECA, but after such presentation, he/she shall leave the meeting during the discussion of, and the vote on, the financial transaction or arrangement that causes a conflict of interest. The ECA, if appropriate in its discretion, may appoint a disinterested person or committee to investigate alternatives to the proposed financial transaction or arrangement. After exercising due diligence, the ECA shall determine whether the university can obtain a more advantageous financial transaction or arrangement with reasonable efforts from a person or entity that would not give rise to a conflict of interest. If a more advantageous financial transaction or arrangement is not reasonably attainable under circumstances that would not give rise to a conflict of interest, the ECA shall determine by a majority vote of the disinterested ECA members whether the financial transaction or arrangement is in the university's best interest and for its own benefit and whether the financial transaction is fair and reasonable to the university and shall make its decision as to whether to enter into the financial transaction or arrangement in conformity with such determination. If a majority vote cannot be attained by the ECA then the conflict of interest will be decided by the board. If the board has reasonable cause to believe that a trustee or president has failed to disclose one or more covered relationships, it shall inform the trustee or president of the basis for such belief and afford the trustee or president an opportunity to explain the alleged failure to disclose. If, after hearing the response of the trustee or president and making such further investigation as may be warranted in the circumstances, the board determines that the trustee or president has in fact knowingly failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action as it deems proper in its sole discretion. The violation of this policy is a serious matter and may result in the removal of the trustee from the board or the termination of the president's contractual relationship with the university. If the ECA has reasonable cause to believe that a covered employee has failed to disclose one or more covered relationships, it shall inform the covered employee of the basis for such belief and afford the covered employee an opportunity to explain the alleged failure to disclose. If, after hearing the response of the covered employee and making such further investigation as may be warranted in the circumstances, the ECA determines that the covered employee has in fact knowingly failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action as it deems proper in its sole discretion. The violation of this policy is a serious matter and may result in the termination of the covered employees contractual relationship with the university. The minutes of the board or ECA relating to all conflicts of interest shall contain the following information: the names of the persons who disclosed or otherwise were found to have covered relationships in connection with an actual or possible conflict of interest, the nature of the covered relationship, any action taken to determine whether a conflict of interest was present, and the board's or ECA's decision as to whether a conflict of interest in fact existed. The names of persons who were present for discussions and votes relating to the financial transaction or arrangement, the content of the discussion, including any alternative to the proposed financial transaction or arrangement, and a record of any votes taken in connection therewith.
Form 990, Part VI, Section B, line 15a
The President/CEO's compensation is reviewed annually; comparable data/information is reviewed. The compensation is in keeping with the University's guidelines. The Chairperson and the Executive Committee of the Board conduct the annual evaluation of the President. The discussions and decisions form part of the minutes to the board of trustees meeting.
Form 990, Part VI, Section C, line 19
The University makes its governing documents, conflict of interest policy, and audited financial statements available to the public upon request. The 990 return of organization exempt from tax is public information.
Form 990, Part VII
Sr. Linda Bevilacqua's compensation is paid directly to the Adrian Dominican Congregation.
Form 990, Part XI, line 9:
Adjust to cash surrender value 111,565.
Form 990, Part VII, Line 2c:
The organization has a committee that assumes responsiblity for oversight of the audit of its finanical statements and selection of its independent accountant. This process has not changed since the prior year.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.