It’s not a company - which is why they’re able to do this. We’ve just learned, again, that nonprofits can’t make these kinds of decisions because the checks and balances that investors and a profit motive create don’t exist.
That doesn't matter. Even the members of the board of a non-profit are liable for all of the fall-out from their decisions if those decisions end up not being defensible. That's pretty much written in stone and one of the reasons why you should never accept a board seat out of your competence.