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<big>'''Collections Management Policy'''</big><br /> | <big>'''Collections Management Policy'''</big><br /> | ||
==Mission and Vision== | ==Basis for Policy== | ||
===Mission=== | ===Mission and Vision=== | ||
Healing Arts Program engages patients, caregivers, staff and students to heal through the arts. | ====Mission==== | ||
===Vision=== | The Healing Arts Program engages patients, caregivers, staff and students to heal through the arts. | ||
The Healing Arts | ====Vision==== | ||
The Healing Arts Program's vision is to: | |||
*Educate and build community awareness encompassing the arts, health and medicine; | *Educate and build community awareness encompassing the arts, health and medicine; | ||
*Create an environment promoting healing and humanizing the hospital experience by providing visual, performing and therapeutic arts experiences; and | *Create an environment promoting healing and humanizing the hospital experience by providing visual, performing and therapeutic arts experiences; and | ||
*Integrate and enhance our evidence-based experiences within UNMC/Nebraska Medicine/UNO through the arts. | *Integrate and enhance our evidence-based experiences within UNMC/Nebraska Medicine/UNO through the arts. | ||
===Collection Criteria=== | ===Collection Criteria=== | ||
The Healing Arts Program collects and presents significant works of art across all times and cultures in order to enrich, inspire, and enliven our patients, visitors, employees, students and community, and at the same time bring comfort, provide an opportunity for contemplation and humanize the hospital experience. Artworks must be suited to the mission of the University of Nebraska Medical Center (UNMC)/Nebraska Medicine and the | The Healing Arts Program collects and presents significant works of art across all times and cultures in order to enrich, inspire, and enliven our patients, visitors, employees, students and community, and at the same time bring comfort, provide an opportunity for contemplation and humanize the hospital experience. Artworks must be suited to the mission of the University of Nebraska Medical Center (UNMC)/Nebraska Medicine and the healing arts, enhance the overall aesthetic of the built environment, and assist in creating a supportive environment for all audiences of UNMC/Nebraska Medicine. | ||
Artwork selected for the collection will be of the highest artistic quality, characteristically uplifting and appropriate for a health care setting.<br /> | Artwork selected for the collection will be of the highest artistic quality, characteristically uplifting and appropriate for a health care setting.<br /> | ||
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==Acquisitions== | ==Acquisitions== | ||
===General Principles=== | ===General Principles=== | ||
The Curator should propose exceptional works of art for acquisition to the collection that significantly further the Healing | The Curator should propose exceptional works of art for acquisition to the collection that significantly further the Healing Arts Program’s stated mission. All works should be in an acceptable state of preservation, unless the deteriorated physical condition is integral to the meaning of the work. The Healing Arts Program must be able to display, store, and care for the proposed acquisition according to generally accepted museum, university and hospital practices. The art medium and mounting method must meet the requirements for cleaning and maintenance, which adhere to health care and ADA guidelines and infection control and safety requirements.<br /> | ||
The Healing Arts Program is committed to the principle that all collecting be done according to the highest standards of ethical and professional practice.<br /> | The Healing Arts Program is committed to the principle that all collecting be done according to the highest standards of ethical and professional practice.<br /> | ||
If an agent has introduced the Healing Arts Program to an artist, | If an agent has introduced the Healing Arts Program to an artist, the program will work through the agent unless otherwise directed by the artist.<br /> | ||
===Purchase Procedures== | ===Purchase Procedures=== | ||
For all purchases, the Curator writes a detailed report. Report information should include: | For all purchases, the Curator writes a detailed report. Report information should include: | ||
#A description of the artwork including medium, size, importance to the Healing | #A description of the artwork including medium, size, importance to the Healing Arts Program’s collection, justification for acceptance, provenance, physical condition and any special maintenance requirements; | ||
#Intentions for display and the gift or fund against which the purchase will be charged; | #Intentions for display and the gift or fund against which the purchase will be charged; | ||
#A brief biography of the artist, including past exhibition history, public collections and current contact information for the artist or donor; | #A brief biography of the artist, including past exhibition history, public collections and current contact information for the artist or donor; | ||
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===Procedures for Accepting Gifts or Bequests=== | ===Procedures for Accepting Gifts or Bequests=== | ||
For all gifts (including promised gifts and partial interest gifts) and bequests, the Curator writes a detailed report. Report information should include: | For all gifts (including promised gifts and partial interest gifts) and bequests, the Curator writes a detailed report. Report information should include: | ||
#A description of the artwork including medium, size, importance to the Healing | #A description of the artwork including medium, size, importance to the Healing Arts Program’s collection, justification for acceptance, provenance, physical condition and any special maintenance requirements; | ||
#Intentions for display; | #Intentions for display; | ||
#A brief biography of the artist, including past exhibition history, public collections and current contact information for the artist or donor; | #A brief biography of the artist, including past exhibition history, public collections and current contact information for the artist or donor; | ||
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If the donor's work is approved, a statement of the proposed gift's value must be obtained at the prospective donor's expense, for gift recognition. | If the donor's work is approved, a statement of the proposed gift's value must be obtained at the prospective donor's expense, for gift recognition. | ||
==Provenance Guidelines== | ===Provenance Guidelines=== | ||
===Guidelines for all Acquisitions=== | ====Guidelines for all Acquisitions==== | ||
====Inquiry and Research==== | =====Inquiry and Research===== | ||
The Healing Arts Program shall rigorously research the provenance of a work of art prior to acquisition to determine that the Healing Arts can obtain clear title. Such research should include, but is not necessarily limited to, determining: | The Healing Arts Program shall rigorously research the provenance of a work of art prior to acquisition to determine that the Healing Arts Program can obtain clear title. Such research should include, but is not necessarily limited to, determining: | ||
#the ownership history of the work of art; | #the ownership history of the work of art; | ||
#the countries in which the work of art has been located and when; | #the countries in which the work of art has been located and when; | ||
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#the circumstances under which the work of art is being offered to the Healing Arts Program. | #the circumstances under which the work of art is being offered to the Healing Arts Program. | ||
For all acquisitions, the Healing Arts Program shall make a rigorous effort to obtain from sellers and donors all available information and accurate written documentation with respect to the ownership history of the work of art.<br /> | For all acquisitions, the Healing Arts Program shall make a rigorous effort to obtain from sellers and donors all available information and accurate written documentation with respect to the ownership history of the work of art.<br /> | ||
For any purchase of a single work of art over $150,000 and for all archaeological materials or ancient art for acquisition or gift and bequest, the Healing Arts Program shall obtain all import and export documentation.<br /> | |||
For any purchase of a single work of art over $150,000 and for all archaeological materials or ancient art for acquisition or gift and bequest, the Healing Arts shall obtain all import and export documentation.<br /> | |||
See '''section 3''' below for additional requirements for acquisitions of archeological materials or ancient art.<br /> | See '''section 3''' below for additional requirements for acquisitions of archeological materials or ancient art.<br /> | ||
For all acquisitions over $150,000 and for other acquisitions at its discretion, the Healing Arts shall determine whether the work of art appears in relevant databases of stolen work. | For all acquisitions over $150,000 and for other acquisitions at its discretion, the Healing Arts Program shall determine whether the work of art appears in relevant databases of stolen work. | ||
====Legal Considerations==== | =====Legal Considerations===== | ||
Healing Arts acquisitions must comply with all applicable local, state, and federal U.S. laws, most notably those governing ownership and import of works of art, such as the National Stolen Property Act (NSPA), the Convention on Cultural Property Implementation Act (CCPIA), sanctions enforced by the Office of Foreign Assets Control (OFAC), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Native American Graves Protection and Repatriation Act (NAGPRA). Since the status of a work of art under foreign law may bear on its legal status under U.S. law, UNMC shall review relevant foreign laws before making an acquisition. | Healing Arts Program acquisitions must comply with all applicable local, state, and federal U.S. laws, most notably those governing ownership and import of works of art, such as the National Stolen Property Act (NSPA), the Convention on Cultural Property Implementation Act (CCPIA), sanctions enforced by the Office of Foreign Assets Control (OFAC), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Native American Graves Protection and Repatriation Act (NAGPRA). Since the status of a work of art under foreign law may bear on its legal status under U.S. law, UNMC shall review relevant foreign laws before making an acquisition. | ||
====Warranty and Indemnification==== | =====Warranty and Indemnification===== | ||
When purchasing works of art, the Healing Arts will seek representations and warranties from the seller that the seller has valid title and that the work of art is free from any liens, claims and encumbrances. The Healing Arts will also seek indemnification for a full refund for the work of art in the event of any breach of warranty. | When purchasing works of art, the Healing Arts Program will seek representations and warranties from the seller that the seller has valid title and that the work of art is free from any liens, claims and encumbrances. The Healing Arts Program will also seek indemnification for a full refund for the work of art in the event of any breach of warranty. | ||
===Nazi/World War II Era==== | ===Nazi/World War II Era==== | ||
The Healing Arts will be guided by the Report of the Association of Art Museum Directors' Task Force on the Spoliation of Art during the Nazi/World War II Era (1933–1945) and the American Association of Museums' Guidelines Concerning the Unlawful Appropriation of Objects During the Nazi Era.<br /> | The Healing Arts Program will be guided by the Report of the Association of Art Museum Directors' Task Force on the Spoliation of Art during the Nazi/World War II Era (1933–1945) and the American Association of Museums' Guidelines Concerning the Unlawful Appropriation of Objects During the Nazi Era.<br /> | ||
The Healing Arts will observe the following guidelines relating to the acquisition of works that were likely to have been in German-occupied Europe between 1933 and 1945 in addition to the rigorous research and documentation required for all acquisitions: | The Healing Arts Program will observe the following guidelines relating to the acquisition of works that were likely to have been in German-occupied Europe between 1933 and 1945 in addition to the rigorous research and documentation required for all acquisitions: | ||
*Where information is incomplete for a gift, bequest or purchase, curatorial staff should undertake additional research prudent or necessary to resolve the Nazi-era provenance of the work. All research efforts shall be documented. In the absence of evidence of unlawful appropriation, the gift or purchase may proceed. Where there is credible evidence of unlawful appropriation without subsequent restitution, the Healing Arts shall not acquire the work until taking further action to resolve these issues. | *Where information is incomplete for a gift, bequest or purchase, curatorial staff should undertake additional research prudent or necessary to resolve the Nazi-era provenance of the work. All research efforts shall be documented. In the absence of evidence of unlawful appropriation, the gift or purchase may proceed. Where there is credible evidence of unlawful appropriation without subsequent restitution, the Healing Arts Program shall not acquire the work until taking further action to resolve these issues. | ||
*If the Healing Arts, as a result of its continuing research, determines that a work in its collection was unlawfully appropriated during the Nazi era without subsequent restitution, the | *If the Healing Arts Program, as a result of its continuing research, determines that a work in its collection was unlawfully appropriated during the Nazi era without subsequent restitution, the program shall make such information public. If a legitimate claimant comes forward, the Healing Arts Program shall seek to resolve the matter in a prompt, equitable, appropriate and mutually agreeable manner. | ||
*In the event that a third party claims that a work in the Healing | *In the event that a third party claims that a work in the Healing Arts Program’s collection was unlawfully appropriated during the Nazi era without subsequent restitution, the program shall review the claim promptly and responsibly. The Healing Arts Program shall request evidence of ownership from the claimant in order to assist in determining the provenance of the work. If after working with the claimant the Healing Arts )Program determines that the work was unlawfully appropriated without subsequent restitution, the program shall seek to resolve the matter in an equitable, appropriate and mutually agreeable manner. | ||
===Cultural Objects, Archaeological Materials and Ancient Art=== | |||
The Healing Arts will be guided by the Report of the Association of Art Museum Directors' Task Force on the Acquisition of Archaeological Materials and Ancient Art (revised 2013) and the American Association of Museums' Standards Regarding Cultural Objects, Archaeological Material and Ancient Art, and adopts the definitions, repeated below, contained therein.<br /> | The Healing Arts Program will be guided by the Report of the Association of Art Museum Directors' Task Force on the Acquisition of Archaeological Materials and Ancient Art (revised 2013) and the American Association of Museums' Standards Regarding Cultural Objects, Archaeological Material and Ancient Art, and adopts the definitions, repeated below, contained therein.<br /> | ||
“Cultural objects” means anything created by humans, which gives information about the culture of its creator and users. It can include objects recovered from archaeological sites, but can also include objects of modern or early-modern society, or social artifacts. "Archaeological material" means an object of cultural significance created in antiquity and discovered on land, below ground or under water as a result of scientific or clandestine excavation, exploration or digging activities or inadvertently as a result of other activities. "Ancient art" means a work of art created in antiquity that is not archaeological material. | “Cultural objects” means anything created by humans, which gives information about the culture of its creator and users. It can include objects recovered from archaeological sites, but can also include objects of modern or early-modern society, or social artifacts. "Archaeological material" means an object of cultural significance created in antiquity and discovered on land, below ground or under water as a result of scientific or clandestine excavation, exploration or digging activities or inadvertently as a result of other activities. "Ancient art" means a work of art created in antiquity that is not archaeological material. | ||
The Healing Arts will observe the following guidelines for the acquisition of cultural objects, archaeological materials and ancient art in addition to the rigorous research and documentation required for all acquisitions. | The Healing Arts Program will observe the following guidelines for the acquisition of cultural objects, archaeological materials and ancient art in addition to the rigorous research and documentation required for all acquisitions. | ||
*The Healing Arts Program will thoroughly research the ownership history of any cultural objects, archaeological materials or ancient art prior to its acquisition, including making a rigorous effort to obtain accurate written documentation with respect to its history, including import and export documents. The Healing Arts Program will require sellers, donors, and their representatives to provide all information of which they have knowledge, and documentation that they possess, related to any cultural objects, archaeological materials or ancient art being offered to the program, as well as appropriate warranties. If the sellers, donors and their representatives cannot provide import and export documents and/or proof of purchase, the Healing Arts Program will not accept the acquisition, gift or bequest. | |||
*The Healing Arts will thoroughly research the ownership history of any cultural objects, archaeological materials or ancient art prior to its acquisition, including making a rigorous effort to obtain accurate written documentation with respect to its history, including import and export documents. The Healing Arts will require sellers, donors, and their representatives to provide all information of which they have knowledge, and documentation that they possess, related to any cultural objects, archaeological materials or ancient art being offered to the | *The Healing Arts Program normally shall not acquire a work unless provenance research substantiates that the work was outside its country of probable modern discovery before 1970 or was legally exported from its probable country of modern discovery after 1970. | ||
*The Healing Arts normally shall not acquire a work unless provenance research substantiates that the work was outside its country of probable modern discovery before 1970 or was legally exported from its probable country of modern discovery after 1970. | *The Healing Arts Program recognizes that even after the most extensive research, some works will lack a complete documented ownership history. In these instances, the Healing Arts Program will defer to Unhiversity of Nebraska legal counsel to make an informed judgment to acquire the work. In all instances, the Healing Arts Program shall carefully balance the possible financial and reputational harm and the potential for legal liability against the benefit of collecting, presenting, and preserving the work in trust for the educational benefit of present and future generations. | ||
*The Healing Arts recognizes that even after the most extensive research, some works will lack a complete documented ownership history. In these instances, the Healing Arts will defer to | *If the Healing Arts Program, as a result of its continuing research, gains information that establishes another party's right to ownership of a work, the Healing Arts Program shall bring this information to the attention of the party, and if the case warrants, initiate the return of the work to that party. In the event that a third party brings to the attention of the Healing Arts Program information supporting the party's claim to a work, the claim, including, if warranted, returning the work. | ||
*If the Healing Arts, as a result of its continuing research, gains information that establishes another party's right to ownership of a work, the Healing Arts shall bring this information to the attention of the party, and if the case warrants, initiate the return of the work to that party. In the event that a third party brings to the attention of the Healing Arts information supporting the party's claim to a work, the claim, including, if warranted, returning the work. | |||
==Staff Policies Related to Acquisitions== | ==Staff Policies Related to Acquisitions== | ||
===Appraisals=== | ===Appraisals=== | ||
It is the Healing Arts Program’s longstanding policy not to provide appraisals to donors. Under current IRS guidelines, the Healing Arts Program cannot act as a qualified appraiser because of the inherent conflict with its role as a donee. If a donor asks for assistance in locating an appropriate appraiser, the Curator may suggest several qualified appraisers, including the Art Dealers Association and auction houses. More than one name must be given. The Healing Arts should not make arrangements for the appraisal and cannot pay for the appraisal. Upon request, the Healing Arts should provide the appraiser with access to the work of art, images of the work or any appropriate relevant factual information in Healing Arts files. | It is the Healing Arts Program’s longstanding policy not to provide appraisals to donors. Under current IRS guidelines, the Healing Arts Program cannot act as a qualified appraiser because of the inherent conflict with its role as a donee. If a donor asks for assistance in locating an appropriate appraiser, the Curator may suggest several qualified appraisers, including the Art Dealers Association and auction houses. More than one name must be given. The Healing Arts Program should not make arrangements for the appraisal and cannot pay for the appraisal. Upon request, the Healing Arts Program should provide the appraiser with access to the work of art, images of the work or any appropriate relevant factual information in Healing Arts Program files. | ||
===Personal Collecting by Staff=== | ===Personal Collecting by Staff=== | ||
The Healing Arts recognizes that its employees may and do collect works of art for their personal enjoyment. | The Healing Arts Program recognizes that its employees may and do collect works of art for their personal enjoyment. Healing Arts Program employees, and in particular those closely associated with the Healing Arts Program’s curatorial functions, occupy a position of trust in this regard, however, and must exercise care to assure that no conflict of interest can arise between themselves and the Healing Arts Program.<br /> | ||
Each employee is expected to exercise reasonable judgment in determining whether the scope of his or her personal collection and/or collecting activities is such that the matter should be discussed with the Executive Director or Chairman of the Healing Arts Advisory Committee. Unless personal collecting activities are minimal, they should be discussed as indicated. | Each employee is expected to exercise reasonable judgment in determining whether the scope of his or her personal collection and/or collecting activities is such that the matter should be discussed with the Executive Director or Chairman of the Healing Arts Advisory Committee. Unless personal collecting activities are minimal, they should be discussed as indicated. | ||
===Dealing in Art by Staff=== | ===Dealing in Art by Staff=== | ||
An employee may not act as a dealer in purchasing or selling works of art, nor may an employee use his or her influence at the Healing Arts for personal gain in the art market. An employee may not accept any payment from any collector, dealer, artist, or institution, except in cases where prior permission in writing to accept such commission or stipend has been given by the Executive Director, or in consultation with UNMC General Counsel. | An employee may not act as a dealer in purchasing or selling works of art, nor may an employee use his or her influence at the Healing Arts Program for personal gain in the art market. An employee may not accept any payment from any collector, dealer, artist, or institution, except in cases where prior permission in writing to accept such commission or stipend has been given by the Executive Director, or in consultation with UNMC General Counsel. | ||
===Adherence to UNMC Policies=== | ===Adherence to UNMC Policies=== | ||
The Healing Arts Program and its staff and representatives must adhere to existing University of Nebraska and UNMC policies. <br /> | |||
UNMC Policies that should be consulted and followed include, but are not limited to: | |||
*UNMC Policy No. 5000, [[Purchasing]] | |||
*UNMC Policy No. 6063, [[Vendors]] | |||
*UNMC Policy No. 8006, [[Code of Conduct]] | |||
*UNMC Policy No. 8010, [[Conflict of Interest]] | |||
*UNMC Policy No. 8012, [[Principles of Financial Stewardship]] | |||
UNMC employees are required to meet certain standards of work performance and workplace conduct. When employees do not meet specified standards, corrective and disciplinary actions including termination for cause may be warranted. | |||
*UNMC Policy No. 1098, [https://wiki.unmc.edu/index.php/Corrective/Disciplinary_Action Corrective and Disciplinary Action] | |||
*UNMC Policy No. 1020, [[Employee Grievance Process]] | |||
==Deaccessioning== | ==Deaccessioning== | ||
===General Principles=== | ===General Principles=== | ||
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The Healing Arts accepts temporary loans of art for short term exhibition ("Exhibition Loans") and for long term display in its galleries alongside the Collections ("Loans to the Collections"). All loans are subject to the following insurance policies:<br /> | The Healing Arts accepts temporary loans of art for short term exhibition ("Exhibition Loans") and for long term display in its galleries alongside the Collections ("Loans to the Collections"). All loans are subject to the following insurance policies:<br /> | ||
Where required by the lender, the Healing Arts maintains sufficient insurance to cover all loans at the value listed on the loan agreement. Loan values shall be reviewed by the Curator; if the lender’s value exceeds the curator’s understanding, the lender must supply an appraisal supporting the greater valuation. The Healing Arts assumes liability for loans commensurate with its insurance coverage. Any exceptions to this limitation of liability must be approved by the Executive Director. | Where required by the lender, the Healing Arts Program maintains sufficient insurance to cover all loans at the value listed on the loan agreement. Loan values shall be reviewed by the Curator; if the lender’s value exceeds the curator’s understanding, the lender must supply an appraisal supporting the greater valuation. The Healing Arts Program assumes liability for loans commensurate with its insurance coverage. Any exceptions to this limitation of liability must be approved by the Executive Director. | ||
==History and Moving Forward== | ==History and Moving Forward== | ||
This | This policy shall be effective immediately upon review by the UNMC Policy Review Committee and approval by the Healing Arts Advisory Committee and shall supersede all prior policies on the topics addressed herein. This policy will be periodically evaluated, no less frequently than every five years, with stakeholders and constituents consulted as appropriate, modifying this policy as necessary. | ||
==Additional Information== | ==Additional Information== | ||
*Contact the | *Contact the [mailto:amy.jenson@unmc.edu Executive Director], Healing Arts, 402-552-2906 | ||
*Contact the [mailto:colleen.heavican@unmc.edu Curator], Healing Arts, 402-559-5841 | |||
*See the [https://www.unmc.edu/outreach/healing-arts.html Healing Arts] program website | |||
*Visit UNMC's [https://www.unmc.edu/cancercenter/ Cancer Center website] to learn more about cancer research and education | |||
*UNMC Policy No. 5000, [[Purchasing]] | |||
*UNMC Policy No. 6063, [[Vendors]] | |||
*UNMC Policy No. 8006, [[Code of Conduct]] | |||
*UNMC Policy No. 8010, [[Conflict of Interest]] | |||
*UNMC Policy No. 8012, [[Principles of Financial Stewardship]] | |||
*UNMC Policy No. 1098, [https://wiki.unmc.edu/index.php/Corrective/Disciplinary_Action Corrective and Disciplinary Action] | |||
*UNMC Policy No. 1020, [[Employee Grievance Process]] | |||
This page maintained by [mailto:dpanowic@unmc.edu dkp]. | This page maintained by [mailto:dpanowic@unmc.edu dkp]. | ||