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On Indiana Fever opening day, Iowa nonprofit lawyer Gordon Fischer shares twenty-two (22) governance lessons every Iowa nonprofit can learn from Caitlin Clark — from Articles and Bylaws to DEI and Social Media Policies.

On Indiana Fever opening day, Iowa nonprofit lawyer Gordon Fischer shares twenty-two (22) governance lessons every Iowa nonprofit can learn from Caitlin Clark — from Articles and Bylaws to DEI and Social Media Policies.

May 9, 2026

By Gordon Fischer

Today at noon Iowa time, Caitlin Clark and the Indiana Fever open the 2026 WNBA season against the Dallas Wings at Gainbridge Fieldhouse in Indianapolis. First game. Fresh start. New season.

I am PUMPED.

Last season was rough. A groin injury. An ankle sprain. Two separate quad strains. Just thirteen (13) regular-season games for Clark. And yet a Fever team carrying that injury list still pushed the reigning champion Las Vegas Aces to five (5) games in the semifinals. They went down swinging in overtime in Game Five. They earned every minute of this offseason.

And here is where I am going to make a turn that will surprise no one who reads this blog.

Iowa nonprofits, that was a lot of you, too.

Federal funding has wobbled. State funding has wobbled. Tax and regulatory expectations have kept changing. DEI has been under intense pressure. Long-time leaders have retired. Donor bases have aged. Many of you have spent the past twelve (12) to eighteen (18) months absorbing hits while still showing up for your communities. You are healthier now than you were six (6) months ago. You are ready to think about what the next year looks like. Clark wears number twenty-two (22). She wears it because she was born on January 22, 2002, and the number followed her from Iowa to Indiana like a second name.

So in honor of opening day, here are twenty-two (22) lessons your Iowa nonprofit lawyer has learned watching Caitlin Clark — first at Iowa, now in Indiana — and how each one applies to the Iowa nonprofits I have spent thirty (30) years working with, from Atlantic and Belle Plaine to Williamsburg and Zwingle and everywhere in between.

Twenty-two (22) is her start. Let it be your start, too.

PART ONE: PREPARATION (Lessons #1–#5)

Clark was playing in boys’ rec leagues at age five (5) because her dad could not find a girls’ league. She was playing several years up by age thirteen (13). The work was done before the spotlight ever arrived.

For your nonprofit, the equivalent of those early-morning gym sessions is your Articles of Incorporation and your Bylaws, adopted by your board. The legal foundation that makes everything else possible. If yours were copied from another organization, copied from another state, or last touched a decade ago, you are playing on a cracked court.

Lesson #2. Read the rulebook before tip-off.

Clark did not show up to her first WNBA game and discover the three-point line was a different distance.

Pros know the rules cold.

Iowa nonprofits operate under Iowa Code Chapter 504, the Revised Iowa Nonprofit Corporation Act. Federal tax-exempt nonprofits operate under Section 501(c)(3) of the Internal Revenue Code. Every officer and director should know what those two (2) bodies of law expect. Not memorize them. Know they exist, know what they cover, and know who to call when a question comes up.

Lesson #3. The playbook lives in writing.

Coaches do not run plays from memory. They draw them up. They write them down. They review them before the game and during it.

Your nonprofit’s playbook is your Bylaws, supported by your full set of governance policies. If your board cannot point to where it says how meetings are called, how votes are counted, or how officers are elected, you are running plays from memory. That works fine until it doesn’t.

Lesson #4. Conditioning matters more than highlight reels.

The reason Clark could play forty (40) minutes in the WNBA semifinals is the same reason she could play forty (40) minutes in the Big Ten Tournament — years of cardio, weights, film study, and rest. Highlight reels happen because conditioning happened first.

Conditioning for a nonprofit is your Financial Policies and Procedures. Who approves spending. Who signs checks above what amount. Who reconciles the bank account. Who is allowed to make a wire transfer. Boring, repetitive, every single day. And if you do not have it, you may not survive a hard year.

Lesson #5. Know the season schedule before the season starts.

The Fever’s 2026 schedule was published months ago. Forty-four (44) games. Every tip-off. Every opponent. For your nonprofit, the equivalent is your IRS Form 990 Review Policy – knowing when Form 990 is due, who prepares it, who reviews it, and how the board signs off before it is filed. Form 990 is a public document. Major donors read it. Foundations read it. Reporters read it. Treat it like a championship game and prepare accordingly.

PART TWO: ACCOUNTABILITY (Lessons #6–#10)

Iowa basketball did not get Iowa basketball by hoping. It got there by being honest about what was working and what was not.

Lesson #6. Disclose conflicts before someone else discloses them for you.

When Clark signs a name, image, and likeness deal, it gets disclosed. Publicly. Up front. Your nonprofit needs the same instinct, captured in a Conflict of Interest Policy. A board member with a financial stake in a vendor. An officer whose spouse runs a competing organization. A donor whose family business is up for a contract. None of these is automatically a problem. All of these are automatically problems if there is no policy, and they remain undisclosed.

Lesson #7. Pay people fairly and write down how you decided.

WNBA salaries are public. So are nonprofit executive salaries. Your Compensation Policy explains how your board decides what to pay people, what comparability data it uses, and how conflicts are handled when the board sets executive pay. Donors, regulators, and your own staff can all read your Form 990. Make sure the answers add up.

Lesson #8. Protect the people who tell the truth.

Every team needs the player who will say “that play isn’t working.” Every nonprofit needs the staff member or volunteer who will say “that grant report doesn’t match what we actually did.” Federal law makes it a crime to retaliate against someone who reports suspected wrongdoing to law enforcement. A Whistleblower Policy creates a clear, trusted internal process for raising concerns and explicitly protects people who come forward in good faith. If your nonprofit does not have one, the people who notice the problems may stay quiet.

Lesson #9. Decide which gifts you will accept before someone offers one you cannot refuse.

Caitlin Clark won’t accept just any endorsement. She has standards, contracts, and people who help her say no. Your nonprofit needs the same instinct in writing — a Gift Acceptance Policy. This is the document that lets you politely decline a piece of contaminated real estate, a closely held business interest with no buyer, or the well meaning donor who wants to give you a racehorse. (Yes, that has actually come up.)

Lesson #10. Know what is public and what is not.

Some things about Clark are public — her stats, her contract, her endorsements. Other things are not — and her team is no doubt clear about the difference. Your nonprofit needs a Public Disclosure Policy that explains which documents must be made available on request (Form 990, your IRS determination letter, your Form 1023) and which stay internal. Transparency is not the same as oversharing.

PART THREE: STEWARDSHIP (Lessons #11–#15)

Caitlin Clark’s career is not just about scoring. It is about taking care of what she has been given — her talent, her platform, her teammates. Stewardship is the quiet half of greatness.

Lesson #11. Save the receipts.

Champions document everything. So should nonprofits. Your Document Retention and Destruction Policy (sometimes called a DRD Policy) tells you what to keep, how long to keep it, where to keep it, and how to securely destroy it when the time comes. It covers paper records and electronic records, including emails and text messages. Without one, you keep everything forever (a privacy and storage problem) or throw things away too quickly (a legal and audit problem).

Lesson #12. Protect what was entrusted to you.

Donor information. Beneficiary information. Personnel records. Board deliberations. People share things with your nonprofit because they trust your nonprofit. A Confidentiality Policy defines what is confidential, who is responsible for protecting it, and what happens when confidentiality is breached. Confidentiality is not about hiding things. It is about protecting people.

Lesson #13. Invest with intention.

I’ll bet Clark’s 2025 injuries forced her to think long-term. Iowa nonprofits with reserves or endowments should think the same way about their assets. Your Investment Policy defines who makes investment decisions, what risk tolerance is acceptable, how performance is measured, and how the board exercises oversight.

Lesson #14. Raise money the way you would want to be asked.

Almost every Iowa nonprofit raises charitable funds in some form. A Fundraising Policy addresses compliance with local, state, and federal laws and the ethical norms your nonprofit chooses to follow. It covers both soliciting donations and receiving them. It is the document you reach for when a donor asks something you have not been asked before. It is also how you keep the values of your mission inside the way you ask for support.

Lesson #15. Pull up the mission and read it out loud.

At least once a year. At a board meeting. Out loud.

Ask whether your mission statement still describes what your nonprofit actually does. If it does, recommit to it. If it does not, fix it. A mission statement that no longer matches the work is a surprisingly common issue.

PART FOUR: COMMUNITY (Lessons #16–#22)

Caitlin Clark is the most famous basketball player in Iowa history, and she still goes home, still texts her high school coach, still wears the jersey that says where she came from. Greatness is local before it is national.

Lesson #16. Take care of the people who do the work.

If your nonprofit has even one employee, you need an Employee Handbook. It is your culture in writing. It covers anti-discrimination, harassment, benefits, time off, remote work, technology use, and at-will employment. It should include a clear acknowledgment form and language reserving the right to update policies. A good handbook reduces or even eliminates conflict before it starts.

Lesson #17. Get individual roles in writing.

Different from the Handbook. Employee Agreements are individual contracts. They define the role, the compensation, the benefits, the review schedule, the termination conditions, and any non-compete or dispute resolution provisions. Especially critical for executive directors and other senior roles.

Lesson #18. Classify workers correctly.

If your nonprofit works with freelancers, consultants, or contractors, get the relationship in writing through Independent Contractor Agreements. Iowa has strict rules on worker classification. Misclassifying a worker as an independent contractor when they should be treated as an employee creates tax, insurance, and even potential criminal exposure. This is one of the easiest mistakes for a small Iowa nonprofit to make and one of the most expensive to fix.

Lesson #19. Honor your volunteers.

If your Iowa nonprofit relies on volunteers — and most do — you need a Volunteer Policy. It covers role descriptions, time expectations, training, code of conduct, confidentiality obligations, liability and insurance considerations, and emergency contact information. A Volunteer Policy protects your volunteers and protects your organization. It also makes volunteer onboarding feel like joining something serious instead of just showing up.

Lesson #20. Post like the world is watching, because it just might be.

Clark has no doubt drafted a tweet, thought better of it, and never hit send. A Social Media Policy covers who posts, what they can post, what is off-limits, how donor information is handled online, and what happens when a staff member’s personal post creates an organizational problem. Every Iowa nonprofit has a social media presence. Most do not have a Social Media Policy. That gap could be where the next crisis lives.

Lesson #21. Stand for who you serve.

I am aware that DEI is under intense scrutiny right now. That is exactly why a thoughtful, written, mission-aligned Diversity, Equity, and Inclusion (DEI) Policy matters more than it did three (3) years ago, not less. A DEI Policy is not a slogan. It is a commitment to fair hiring, equitable pay, transparent promotion, and inclusive board recruitment, written down in your organization’s own voice. It tells your staff who you are, your donors who you are, and your community who you are. Iowa nonprofits should not abandon this work because the political weather has changed. Your fave nonprofit’s mission did not change.

Lesson #22. Celebrate the people who got you here.

Clark wears number twenty-two (22) because she was born on January 22, 2002. But she got to be Caitlin Clark because of everyone around her — the family that stood courtside through every game, the West Des Moines coaches and teammates and AAU programs that built her before anyone outside Iowa was paying attention.

Your nonprofit has the same kind of people. The founding board members. The first donor who said yes when you had nothing to show. The volunteer who has been there for fifteen (15) years. The staff member who took the pay cut because they believed in the mission.

Write them into your annual report. Read their names at the gala. Put them on the wall. That is governance, too. That is what twenty-two (22) is really about.

Why Twenty-Two (22)? Why Now?

You did not choose your founding date. You did not choose the year a federal program got cut, or the year a longtime donor passed away, or the year your executive director announced retirement. The calendar handed those things to you.

What you get to choose is how you react. Whether they become the start of something stronger or the end of something tired. Whether the offseason becomes the year you finally got the goals right, or the year you ran out of time.

Today at noon Iowa time, Clark and the Fever face the Dallas Wings in both teams; opener. I hope your nonprofit is ready for its own opening day.

Need Help Getting Your Twenty-Two (22) in Order?

I draft, review, and revise full governance packages for Iowa nonprofits, including Articles, Bylaws, core policies, and more. I offer a free one-hour consultation to any Iowa nonprofit. No invoice. No catch. Just help.

Email me anytime: gordon@gordonfischerlawfirm.com
#GoCaitlinClark #GoNumber22 #GoFever #GoHawks

tennis court net

Serena-ity Now!

On the blog we’ve been going “back to school,” and our lessons wouldn’t be complete without a mandatory gym class. Which brings us to the question: is there gender bias in sports? Duh, yes. Mos def. It’s been especially newsworthy in tennis too.

There was nothing wrong with Serena Williams’ catsuit. Please, if a guy wore that, it would be noticed for sure, but certainly not banned.

Even worse: France’s Alizé Cornet received a code violation at the U.S. Open on Tuesday for removing her shirt on the court sidelines (she had a sports bra underneath). This is something men do all the time, and even while on the court.

The conversation continues in the aftermath of the US Open Finals last night between Serena Williams and Naomi Osaka. Were the umpire’s penalties in U.S. Open Final match the result of sexism? I certainly think so. I mean, I’ve seen male players such as, say, Rafael Nadal or John McEnroe, go absolutely bananas on the court and not receive a penalty to the tune of $17k.

Three Truth Bombs

Here are three truths that aren’t changed by any contretemps at Arthur Ashe Stadium:

First, Serena Williams is the greatest tennis player in history.

Second, at least on this day, Naomi Osaka outplayed Williams thoroughly for an amazing upset win.

Third, America, I love you like crazy, the crazy way that only an immigrants’ kid could love America. But, you have serious problems with sexism and misogyny.

Pink tennis ball stuck in fence

From the Tennis Court to Law Court

Here’s yet another truth bomb: nonprofits, already under terrific scrutiny by board members, donors, stakeholders, and government agencies, can’t afford even a whiff of a controversy like the tennis examples above. Even allegations of scandal can destroy previously successful nonprofits. And, just like the game of tennis, both need to consistently be working toward implementing rules and standards that ensure equity.

Such situations can split Boards, cause stakeholders to resign or pull back, snap shut donors’ wallets, and even result in expensive litigation. Fortunately, there are policies and procedures that can prevent your hardworking organization from ever having to deal with controversy (particularly those relating to discrimination, gender bias, and the like), by deterring such actions from every occurring. Let’s first discuss the IRS Form 990 and then the policies that relate to this annual information return.

IRS Form 990

IRS Form 990. This is the form that (most) nonprofits have to annually file some version of. Say what you will about the IRS – but in Form 990, the IRS provides nonprofits a path to prosperity. On Form 990, the IRS asks about several major policies and procedures that actually help nonprofits govern smarter. Any and every nonprofit should have all of these policies and procedures in place, with regular updates as appropriate. But, in our context, three policies are particularly relevant here.

At this point in the blog post, I feel as though I can actually hear you: “I don’t think we could ever afford that in our budget…we don’t know where to start!”

Before I delve into specific policies that will help your fave nonprofit combat discrimination and bias, let me repeat a special offer. I offer all nonprofits 10 major policies and procedures on IRS Form 990, drafted specifically and individually to each organization. for a flat fee of $990. No jokes, tricks, or hidden fees. Interested in learning more? Give this post a read, and don’t hesitate to contact me to take advantage of this solid, straight-up deal.

Compensation Policy

Data related to compensation is reported in three different sections on Form 990: “Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees;” “Statement of Functional Expenses,” lines 5, 7, 8, and 9; and Schedule J;” and “Compensation Information for Certain Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees.”

Having a set policy in place that objectively establishes salary ranges for positions, updated job descriptions, relevant salary administration, and performance management, is used to establish equality and equity in compensation practices. A statement of compensation philosophy and strategy, which explains to current and potential employees and board members how compensation supports the organization’s mission, can be included in the compensation policy.

Generally, this policy provides the benefits of:

  • Enhanced confidence of donors and supporters
  • Consistent framework for decision making on compensation
  • Increased compliance with federal and state employment laws
  • Reduced risk to the organization and its management and governing board

This policy can state clearly an organization’s intention to abide by federal and state law under which it is illegal to have pay differentiate based on gender.

Document Retention and Destruction Policy

This policy should clarify what types of documents should be retained, how they should be filed, and for what duration. It should also outline proper deletion and or destruction techniques.

The document retention and destruction (DRD) policy is useful for a number of reasons. The principle rational as to why any organization would want to adopt such a policy is that it ensures important documents—financial information, employment records, contracts, information relating to asset ownership, etc.—are stored for a period of time for tax, business, and other regulatory purposes. No doubt document retention could be important for proof in litigation or a governmental investigation.

When I was a litigator, I represented employers who could not find a key document–a personnel file; written warning; performance review, and the like. Needless to say, in all these situations, the missing documents were a huge disadvantage to the employer in defending itself. Make sure that doesn’t happen to you by setting down rules as to what documents to keep and how long to keep them.

You know, there’s even a question of federal code. You may have heard of the federal law, the Sarbanes-Oxley Act of 2002. It reaffirms the importance of a DRD policy. Sarbanes-Oxley reads:

“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”

While the Sarbanes-Oxley legislation generally does not pertain to tax-exempt organizations, it does impose criminal liability on tax-exempt organizations for the destruction of records with the intent to obstruct a federal investigation.

Yet another reason a DRD policy is an excellent idea, is it forces an organization to save space and money associated with both hard copy and digital file storage, by determining what is no longer needed and when…it’s like sanctioned spring cleaning!

Whistleblower Policy

Nonprofits, along with all corporations, are prohibited from retaliating against employees who call out, draw attention to, or “blow the whistle” against employer practices. A whistleblower policy should set a process for complaints, including gender bias or harassment, to be addressed and include protection for whistleblowers.

Ultimately this policy can help insulate your organization from the risk of state and federal law violation and encourage sound, swift responses of investigation and solutions to complaints.

A whistleblower policy encourages staff and volunteers to come forward with credible information on illegal practices or violations of adopted policies of the organization, specifies that the organization will protect the individual from retaliation, and identifies those staff or board members or outside parties to whom such information can be reported. (Instructions to Form 990)

The Sarbanes-Oxley Act (referenced under the document retention and destruction policy above) also applies here. If found in violation of Sarbanes-Oxley, both an organization and any individuals responsible for the retaliatory action could face civil and criminal sanctions and repercussions including prison time.

Employee Handbook

On top of the super important policies he first line of defense for nonprofits is a well drafted, individualized employee handbook. Really, how can you NOT have an employee handbook? An employee handbook even if you have but a single employee makes clear the rights and responsibilities of both the employer and employee. So many disputes can be avoided by a clear, easy-to-read, and direct employee handbook.

In terms of gender discrimination, there are several provisions that should help insulate your favorite nonprofit. Your employee handbook would have an equal opportunity statement; anti-harassment policy; complaint procedure; and rules about compensation, document retention, and whistleblowing.

I offer a free “starter” employee handbook that can get you thinking about the types of provisions you should/could include in your employee handbook.

Update As Needed

If you already have some (or all) of the above policies or employee handbook in place, seriously consider the last time they were updated. How has the organization changed since they were written? Have changes to state and federal laws impacted these policies at all? It may be high time for a new set of policies that fits your organization.

Playing tennis Without a Net?

tennis shoes on red court

Robert Frost famously opined that writing free verse is like playing tennis without a net. Well, I don’t know about that, but any nonprofit without the 10 major polices asked about on IRS Form 990, or without an employee handbook, is definitely like playing tennis without a net, ball, lines, umpires, or rules! And, the best way to play the “game” while assuring equity and fairness for all the players involves preventing bias and discrimination from ever holding a place on the court.

Schedule your free one-hour consultation and let’s talk about your organization’s needs!