Senior Development Counsel, Alumni Engagement and Development

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OCCUPATIONAL SUMMARY

Provide advice and counsel regarding complex charitable gift transactions, risk management, gift planning/estate administration, and fundraising policy across the campus-wide fundraising enterprise, including frontline fundraisers and leadership of Alumni Engagement and Development (AED), Duke Health Development and Alumni Affairs (DHDAA), and schools and units. Develop and maintain relationships with Office of University Counsel (OUC), Treasury, Endowment/Investment Administration, and DUMAC, LLC. Serve as primary liaison with Office of University Counsel (OUC) on all alumni and development-related legal matters;

also assist prospects, advisors, donors, and donor families in complex gift matters. This position will report to the Senior Associate VP for Fundraising & Campaigns and Chief Development Officer.

Work Performed:

Draft complex pledge and gift agreements; liaise with internal partners

• Support the work of development officers in structuring and closing complex gift arrangements and work with external advisors and Duke officials to complete gift documents.
• Assist in drafting and review of gift and endowment agreements where a donor interest or gift situation requires a unique or complex solution, especially involving restrictions on use/designation.
• Assist in responding to donor/advisor/fundraiser questions regarding the Long Term Pool and Endowment Administration matters.
• Provide internal counsel regarding gift acknowledgment and recording.
• Oversee cy pres matters in coordination with OUC.
• Liaise with DUMAC, LLC regarding acceptance and appropriate liquidation strategies for gifts of complex business interests.

Support campus-wide risk management as it relates to development activities.

• Oversee and manage reputational risk assessment and review process.
• Assist with the creation, oversight and management of standardized gift agreement template/review process across the university.
• Serve as a resource for development officers in each school and unit to ensure a cohesive and centralized approach to risk assessment and review.

Support Gift Planning/Estate and Trust Administration

• Act as a resource on charitable remainder trust and charitable gift annuity agreements and related documents; support related negotiations.
• Assist gift officers in identifying potential tax implications for the donor and the university of potential gifts with complex or unusual structures or situations.
• Represent the university in routine probate and trust administration matters.
• Oversee all probate litigation in coordination with OUC.
• Provide strategic advice and counsel for charitable trust and deferred giving programs.
• Assist in developing, refining and interpreting gift planning guidelines and policies.
• Review marketing materials as needed to ensure technical accuracy and appropriate clarity regarding the role of gift planners vs. professional advisors.

Serve as member of Gift Policy Committee

• Assist with due diligence on proposed gifts of privately held assets and other intangible personal property.
• Assist Real Estate Office in conducting due diligence on proposed gifts of real estate.
• Assist Associate Vice President of Individual Giving in evaluating proposed gifts of life insurance, intellectual property, and outdoor objects.

Liaise with Office of University Counsel

• Represent the interests of fundraising and alumni offices campus-wide in dealings with OUC.
• Collaborate with OUC regarding establishing, reviewing and updating university policies and procedures that affect development efforts, such as naming approval requirements, memorial gift policies, gift acceptance and disposition, among others.
• Collaborate with OUC regarding structuring complex gift arrangements and preparing associated documentation, endowment matters, UPMIFA issues, university-wide policies and templates, and other legal matters.

International Development

• Provide counsel to fundraisers regarding international gifts, identifying potential issues and solutions.
• Oversee creation and management of appropriate entities and/or vehicles for the receipt of offshore gifts; interface with third parties to accept offshore gifts as needed.

Campaigns

• Draft campaign counting guidelines and interpret their application.
• Draft matching gift rule sets.

Serve as Chair of Duke Trust Committee and as counsel, officer and/or director of university supporting organizations.

Supervise a paralegal associate

• Establish…