(Orangeburg, SC) — The South Carolina State University Foundation, Inc. (the “Foundation”) today announced that it has filed a formal complaint in the Court of Common Pleas seeking judicial intervention to protect its independence, safeguard donor intent, and ensure continued support for South Carolina State University students.
The Foundation alleges that University leadership engaged in a pattern of conduct designed to exert improper control over the Foundation’s funds, governance, and donor relationships after the Foundation declined certain funding requests that it determined were inconsistent with its fiduciary obligations.
“This action is not about conflict, it is about accountability,” said Stephen Beatty, South Carolina State University Foundation Board Chair. “The Foundation exists to protect donor intent and ensure that funds are used responsibly to benefit students. When those principles are threatened, we have a legal and ethical obligation to act.”
Key Issues Raised in the Complaint
The filing outlines several critical concerns:
▪ Protection of Donor Intent and Funds: The Foundation alleges improper retention and diversion of donor-designated funds and seeks restitution and full accounting of those assets.
▪ Preservation of Institutional Independence: The Foundation asserts that it is a legally independent nonprofit, not a financial arm of the University, and must retain discretion over its funds and operations.
▪ Misuse of Donor Data and Relationships: The complaint alleges unauthorized use of donor information to support competing fundraising activities, undermining longstanding philanthropic relationships.
▪ Invalid Termination of Governing Agreement: The Foundation contends that the University’s attempt to terminate the governing Memorandum of Understanding (MOU) was procedurally flawed and legally ineffective.
▪ Retaliatory Actions: The lawsuit alleges retaliatory conduct after the Foundation exercised its legal rights and fiduciary responsibilities, including interference with fundraising and operations.
Broader Implications for Stakeholders
The Foundation emphasizes that this case extends beyond an internal dispute. As outlined in the complaint:
“Defendants’ conduct raises significant concerns regarding the use of public authority, the integrity of charitable fundraising, and the protection of donor-restricted funds intended for student support.”
For alumni, students, parents, and donors, the Foundation warns that these actions risk:
▪ Eroding trust in how charitable contributions are managed
▪ Creating confusion about where donations are directed
▪ Potentially diverting resources away from scholarships and student programs
Commitment to Students and the University’s Future
Despite the legal action, the Foundation reaffirmed its longstanding commitment to South Carolina State University:
“For more than 50 years, the Foundation has served as a steward of private support for South Carolina State University. Our mission remains unchanged: to protect donor intent and expand opportunities for students.”
The Foundation is seeking declaratory and injunctive relief to:
▪ Reinstate and enforce the governing agreement
▪ Recover and protect donor funds and data
▪ Prevent further interference with its charitable mission
Call for Transparency and Accountability
The Foundation is calling on University leadership and public officials to prioritize:
▪ Transparency in financial stewardship
▪ Adherence to governance standards
▪ Protection of donor and student interests
“This moment calls for clarity, integrity, and accountability. We are confident that the legal process will reaffirm the principles that protect students, donors, and the future of this institution.”
