Ethics Policy

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I. MissionÌý

The University of Colorado Art Museum (museum) provides a forum for exchanging ideas, inspiring collaboration and fueling imagination through art. The museum’s growing collection and diverse exhibitions and public programs promote, inspire and generate interdisciplinary scholarship and cultural expression. The museum mobilizes our strengths to support and enrich the academic and social missions of CU Boulder and to serve our communities in Boulder, statewide and beyond.Ìý


II. GovernanceÌýÌý

The Â鶹ÒùÔº (regents) designate authority to the provost and executive vice chancellor for academic affairs (provost)Ìýof the University of Colorado Boulder. As the governing authority, the provost approves all museum-specific policies and strategic planning documents.ÌýÌý

The governing authority entrusts theÌýdirector with responsibility for overseeing finances and operations, and developing the mission, vision and long-range plan for theÌýmuseum. In turn, theÌýdirector works closely with museum staff to refine the mission, vision andÌýstrategicÌýplan,Ìýand to secure the resources to ensure their implementation.ÌýÌýÌý

Departmental policies or rules are subject to the current laws and actions of theÌýregents and to other university policies and procedures. Each departmental code of ethics is intended to be interpreted and applied in a manner consistent with currentÌýregentÌýlaws and actions, and other university policies and procedures. In the event of a conflict,ÌýregentÌýlaws and actions and other policies and procedures of theÌýuniversity or the College of Arts and Sciences shall prevail.Ìý


III.ÌýPrimary AffiliatesÌý

Museum staff and affiliates, including temporary and student employees,Ìýinterns,Ìýfaculty, staff,ÌýCommunity Council members and other volunteers and committee members who are affiliated with the museum, are expected to uphold the operating policies of the university, including guidelines for implementing the laws of the regents. The ethical standards in this document are supplemental to the policies required by the regents. Museum staff and affiliates must uphold regent policy and are expected to comply with the ethical standards of this document.ÌýÌý

Affiliates participate in museum activities and have access to sensitive information. They are expected to keep museum information that is not readily available to the general public confidential and abide by the museum’s code of ethics.Ìý

Student Employees,ÌýInterns and VolunteersÌý

Museum staff employs students to provide visitor engagement, security within gallery spaces and assist with exhibition research, program development and installation. Museum staffÌýalso works with student interns,Ìýwho receive course credit for their internship activities. MuseumÌýstaff are supportive ofÌýstudent employeesÌýandÌýinterns, receive them as fellow workers, and willingly provideÌýappropriate training to ensure accurate information is presented to community audiences.Ìý

Community CouncilÌý

The Community Council members have demonstrated a serious interest in the vision and mission statements and can assist the museum in pursuing its mission and vision in an advisory capacity. The Community Council shall have the authority and responsibilities,Ìýas delegated by the director,Ìýto advise the director regarding fundraising goals and actively assist in achieving those goals. Council members mayÌýserve on committees, task forcesÌýorÌýactÌýas advocatesÌýfor the museum’s artistic and educational programming at local, state and national levels; and assist with contributions and membership to the museum.ÌýÌý

Collection CommitteeÌý

The Collection CommitteeÌýcomprisesÌýcommunity members, faculty, staff and students, and is charged with approving acquisitions and deaccessions to the museum’s collection by a simple majority vote of a quorum. These decisions shape the collection and lay groundwork for development of the collection. The Collection Committee abides by the CollectionÌýManagementÌýPolicyÌýand Procedures, and its decisions support the Collection Plan.Ìý


IV. Conflict of Interest and Public AccountabilityÌýÌý

The museum’s collection and programs, and its physical, human and financial resources, are developed, maintained, protected and interpreted in support of its mission and are a public trust. The development and preservation of the collection and its use to support the educational goals of teaching and research are cardinal responsibilities of the museum.ÌýÌýÌýÌý

Museum staff must be dedicated to the highest standards of their respective specialties, while remembering they are part of a team. Every encounter between museum staff and members of the public is an opportunity to build support and goodwill for theÌýmuseum.Ìý

Museum staffÌýandÌýaffiliates of the museumÌýact in accordanceÌýwith theÌýÂ鶹ÒùÔº Conflict of Interest Policy 1.C.3:ÌýÌý

As a state institution, it is imperative for both legal and ethical reasons that members of the university community do not improperly benefit from theirÌýpositions of trust at the university. Members of the university community are expected to avoid actual and perceived conflicts of interest related to their work and position. Actual or potential conflicts must be appropriately disclosed in accordance with university conflict of interest and conflict of commitment policies, so that such conflicts may be reviewed and,Ìýas appropriate, managed or eliminated. Members of the university community are responsible for identifying potential conflicts and seeking appropriate guidance.Ìý
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Conflicts of interest may also arise in the context of gifts, travel and entertainment. Members of the university community are expected to conduct themselvesÌýso as toÌýensure that their positions are not misused for private gain with respect to the acceptance of gifts and the undertaking of university-related travel or entertainment. Members of the university community may not solicit, accept or agree to accept any benefit that is intended to influence the staff in the performance of his or her university duties.Ìý

If museum staff and affiliates perceive a potential conflict of interest, they will seek guidance from a supervisor or other appropriate university resources.ÌýÌý

Appraisal of ArtworkÌý

Museum staff are prohibited from providingÌýappraisalsÌý(monetary valuations) ofÌýartworkÌýto external or outside parties.ÌýMuseum staffÌýdetermineÌýmonetary valuesÌýforÌýartwork in theÌýcollection for insurance and internal records only. Such valuesÌýwillÌýnot be shared with the public, including donors.Ìý

When gifting artworks to theÌýmuseum, the donor is responsible for obtaining professional and independentÌývaluationÌýfor tax forms or for other personal purposes.ÌýÌýInquiries relating to authentication and value by owners of artworks should be directed to the American Society of Appraisers, the Appraisers Association of America and the International Society of Appraisers.ÌýBecause ofÌýthe negative implications of endorsing a specific firm or individual, museum staff may not recommend specific appraisers. It is considered unprofessional and regarded as a potential conflict of interest for any museum staff to engage in appraisals as a business.ÌýÌý

Consulting and Other EmploymentÌý

Museum staff and affiliates act in accordance with University of Colorado Boulder’s University Administrative Policy (APS), Conflict of Interest and Commitment Policy:Ìý

The University of Colorado Boulder encourages scholarship and research that lead to commercial and consulting activities. Such activities, however, have the potential to lead to conflicts of interest, which may have untoward effects.ÌýÌý

A conflict of interestÌýexists when a university employee, student or affiliates financial or personal considerations may compromise, or have the appearance of compromising, personal judgment in administration, management, instruction, research, or other professional and academic activities.ÌýÌý

A conflict of commitment exists when professional service or research contracted outside theÌýuniversity interferes with the employee’sÌýparamount obligations to the primary missions of theÌýuniversity,Ìýincluding teaching, research and outreach.Ìý

MuseumÌýstaffÌýwhoÌýare involved in the design, conduct and reporting of researchÌýannually disclose potentialÌýconflicts of interest via theÌýCU Boulder Disclosure of External Professional Activities (DEPA) Form.Ìý

Use ofÌýMuseumÌýProperty andÌýServicesÌýÌý

All resources of the museum, including personnel, salaried time, facilities, collection, images, equipment, supplies and funds serve the interests and purposes of the museum and the University of Colorado. Museum staff and affiliates uphold the Â鶹ÒùԺ’s Code of Conduct, Section Five, Stewardship of University Property:Ìý

The university is committed to responsible stewardship of university resources, and members of the university community are expected to ensure that university property, funds, and technology are used appropriately. These responsibilities include using university property, equipment, and resources only for legitimate university purposes; promoting efficient operations; following sound financial practices; and engaging in appropriate accounting and monitoring.ÌýAdditionally, funds designated for unique projectsÌýmust be used for only the intended purpose, or the appropriate permission must be obtained to reallocate funds. University facilities and outdoor spaces may not be used for commercial, personal, or private financial gain except as approved by the university.ÌýÌý

Privacy NoticeÌýÌý

Museum staff andÌýaffiliates have special access to information on the collection andÌýsensitiveÌýdonorÌýinformation. Confidential information must not be used for personal benefit or in any way that could be perceived as a conflict of interest. Museum staff and affiliates uphold privacy principles outlined in Â鶹ÒùԺ’s Code of Conduct, Section Seven, Privacy and Confidentiality:Ìý

Members of the University community are the creators and custodians of many types of information. Such information may relate to students, staff, alumni, donors, research sponsors, patients and others.Ìý Members of the university community are expected to comply with applicable legal, contractual, and policyÌýobligations to maintain the confidentiality of such information, protect it from improper disclosure, and protect the privacy interests of individuals. To meet these responsibilities, members of the university community are expected to follow document preservation and retention guidelinesÌýand maintain data security using electronic and physical safeguards.Ìý

Personal CollectingÌý

Museum staff and affiliates’ personal art collecting must not be in competition with the collecting emphases of the museum or create the appearance of a conflict of interest.ÌýÌýÌý

If a museum staff member purchases or receives a gift of artwork that falls within the scope of the collecting areas or exhibitions at the museum,Ìýthey shall have 14 daysÌýbeforeÌýor 30 days after acquisition to disclose to the director the date of occurrence and details of the artwork in writing. The director will disclose their own personal collecting to the divisional dean of Arts and Humanities in the College of Arts and Sciences. If a conflict of interest is determined, it must be resolved by granting the museum the option to acquire the artworks in question at cost of purchase including related expenses (shipping, insurance, etc.).Ìý

Art DealingÌýÌý

Museum staff shall not traffic in artworks for monetary reasons, nor be party to theÌýrecommendation of artwork for purchase by museums or collectors in which they have any undisclosed financial interest; nor shall they accept any commission or compromising gift from any seller or buyer of artwork. This excludes museum staff and affiliates’ personal studio practice and sales. Museum staff and affiliates with personal studio practices shall take care to avoid potential conflict of interest caused by their positions in the museum.ÌýÌý

LoansÌýÌý

The museumÌýlendsÌýartwork to further important scholarship and the knowledge of art history, and to provide broader public accessibility to artwork.ÌýIn lending artwork from the collection, the borrower must be a recognized museum, educational or research institutionÌýwhere the loaned works will be available for public viewing.ÌýArtwork will not be lent to private individualsÌýorÌýspacesÌýfor personal useÌýorÌýdecorative purposes.ÌýÌýÌý

The museum borrows artwork for study or exhibition purposes to enrich exhibitions and provide educational opportunities. Loans may be accepted from other institutions, dealers and individuals for display or research purposes. However, borrowing from museum staff or affiliates may enhance the value of exhibited artworks and appear as a conflict of interest. Any loan of artworks from museum staff or affiliates should be treated with transparency.Ìý

Political ActivityÌýÌý

Museum staff uphold state and federal laws and regulations governing political expression and conduct in theÌýuniversity workplace. Museum staffÌýhaveÌýthe right as private citizens to freedom of expression and participation in the political process. When expressing their political views, museum staff should endeavor to prevent the appearance of university partiality in political campaigns.Ìý

Social MediaÌýÌý

Museum staff and affiliates uphold the University of Colorado Guidelines for Administrative Social Media Sites:ÌýÌý

The University of Colorado system encourages the use of social media technologies to enhance communication, engagement, collaboration and information exchange in support its mission. The use of social media technology follows the same standard of professional practice consistent throughout the CU administration offices. Use common sense and thoughtful judgment when embarking on social media.Ìý

Conduct and ethics: As a representative of the university, it is imperative for you to maintain the same standards of conduct expected of all CU employees. Be respectful, positive, helpful and informative. Do not engage in negative banter and do not take a political stand on topics or legislation.Ìý

Ownership of Scholarly MaterialÌý

Museum staff abide by the Â鶹ÒùÔº, Policy 5K: Policy on Intellectual Property That Is Educational Material:ÌýÌý

Ownership of intellectual property is held by its authors, creators, researchers or innovators, except under the special circumstances as described in this policy and in the policy on discoveries, patents and software. Ownership and copyrights in scholarly and artistic works—including, but not limited to, textbooks, electronic media, syllabi, tests, assignments, monographs, papers, models, musical compositions, artworks, unpublished manuscripts and the like—will be the sole and exclusive property of the creator or author. Educational materials created for classroom and learning programs, including electronic media, such as syllabi, assignments and tests, shall remain the property of the author, creator, researcher and innovator. Exceptions are: (1) those cases in which the production of such materials is a part of a sponsored program, (2) those cases in which the materials are created under the specifically assigned duties of employees other than faculty, or (3) those cases in which substantial university resources were used in creating educational materials.Ìý

Museum scholarly material includes butÌýisÌýnot limited to catalog essays, exhibition labels and interpretative materials, education and programming materials,Ìýand museum online content.Ìý

Truth in PresentationÌýÌýÌý

Museum staff and affiliates ensure that all material presented to the public is well researched and truthful,Ìýwith exceptions for artistic expression. They will not accept financial or other support thatÌýhas the potential to compromise or influence our standards of balanced and truthful presentation.Ìý

FundraisingÌý

Fundraising is a vital component of the financial health of the museum. Museum staff and affiliates involved in raising money or soliciting other contributions or gifts-in-kind on behalf of the museum must not misrepresent the purpose for such contributions. Donations shall be used in a manner consistent with the terms of the donation and in accordance with the museum mission.ÌýÌý


V. CollectionÌý

CollectionÌýManagement andÌýRegistrationÌý

The collection is a University of Colorado resource that directly fulfills institutional missions and fiduciary obligations. The collection is held in public trust, on behalf of the residents of Colorado. Thus, it will not be capitalized nor shall artworks in the collection be treated as financial, unrestricted assets. Similarly, the collection shall not be used as collateral for a loan.Ìý

The Staff Committee on the Collection is a committee of staff members that reviews and advises on all collection-based decisions encompassing acquisitions, deaccessions and loans of artwork.Ìý

AcquisitionsÌý

To the best of their ability and in accordance with applicable law, museum staff will seek to determine that the donor or seller of an artwork is the legal owner of the artwork, and reasonable inquiry will be made to learn the provenance of the artwork under consideration for accession. Accessions are to be conducted in a manner that respects the protection and preservation of culturalÌýresources andÌýdiscourages illicit trade in such materials. Competing claims of ownership that may be asserted in connection with artworks in its custody should be handled openly, seriously, responsively and with respect for the dignity of all parties involved.Ìý

Museum staff abides by the November 14, 1970, UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Export and Transfer of Ownership of Cultural Property as well as more recent international agreements that update or replace the 1970 agreement. Museum staff adheres to CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) legislation regarding the import and acquisition of endangered species. Museum staff and Collection Committee members shall not knowingly acquire or allow to be recommended for accession any artworks that have been stolen or illegally imported into the United States in contravention of the applicable laws of the countries of origin or exporting countries, and/or contravention of international treaties and international conventions.ÌýÌý

Museum staff fully comply with the requirements of the Native American Graves Protection and Repatriation Act (NAGPRA) and future amendments to the act. The museum will endeavor to achieve reasonable and respectful solutions to the issues and conflicts that might not be specifically addressed in NAGPRA. Gift offers that include Native American materials will be considered in terms of NAGPRA, and in consultation with the appropriate Native American groups, if necessary.Ìý

Museum staff will not knowingly purchase or otherwise traffic in any Native American object subject to NAGPRA. Where applicability of the law or the definition of an object is unclear, the appropriate tribal organization(s) will be consulted. Museum staff will take all reasonable steps to resolve the Nazi-era provenance status of artworks before acquiring them by purchase, gift, bequest, transfer or exchange for the collection. If credible evidence of unlawful appropriation without subsequent restitution is discovered through research, museum staff will take prudent and necessary steps to resolve the status of the artwork.Ìý

DeaccessionsÌýÌýÌýÌýÌý

Artwork is acquired for long-term retention. However, occasionally, it may be in the best interest of the museum to remove artwork from the collection. Deaccessioning is the process of removing an item from a museum’s collection.ÌýÌýÌý

In considering deaccessioning and disposal of artwork, museum staff must be mindful of their role as trustee of the collection for the benefit of the public. Museum staff must recognize that the act of deaccessioning and disposal of artwork requires exceptional care and appropriate stewardship for the collection.ÌýÌý

Deaccessioning and disposal is solely a means to refine and improve the quality and appropriateness of the collection as defined by our mission and vision.ÌýÌý

The director, in consultation with the Staff Committee, must approve all proposed deaccessions before presentation to the Collection Committee.ÌýÌýÌýÌý

The Collection Committee is responsible for reviewing deaccession proposals submitted by the director. The committee is required to vote on the proposal with a simple majority of a quorum.ÌýÌýÌý

The provost, as the designated representative of the regents of the University of Colorado, is given the power and duty of providing the final signature in documentation that approves the deaccession.ÌýÌý

Deaccessioning and disposal of artwork from the collection must comply with all applicable federal, state and local laws in effect at the time, and must observe anyÌýterms and obligations that pertained to the museum’s acquisition of the artwork. 
 No action pertaining to deaccessioning and disposal should be undertaken that would impair the integrity and good standing of the museum within its community at large and within the profession.ÌýÌý

All policies and procedures related to deaccessioning and disposal of artwork, and the resultant proceeds, must conform to the current guidelines established by the American Alliance of Museums (AAM) for acquisition or direct care as defined below.Ìý

  1. To replace the object with another that has relevance, importance or use to the museum’sÌýmissionÌýÌýÌý

  1. To invest in the existing collections by enhancing their life, usefulness or quality by making a physical impact on the object(s) through conservation, restoration or preservation that ensures they will continue to benefit the public and increase or restores the object(s) cultural or scientific value, thus prolonging their life and usefulness.ÌýÌý

Funds realized from the sale of deaccessioned items shall be placed in an account to be used only for acquisition or direct care of collections.ÌýÌýÌý

The director in consultation with the Staff Committee will present a potential purchase to the Collection Committee for a vote with a simple majority of a quorum. Purchases made with deaccessioned funds will follow the rules and guidelines outlinedÌýsection V. Acquisitions, subsection D. PurchasesÌýin the CU Art Museum Collection Management Policy:Ìý

The consideration for purchase of artwork is the responsibility of the director and curator.ÌýÌý

  1. The date of property transfer occurs when the university has issued full payment to the owner, dealer or vendor.ÌýÌý

  2. The aesthetic merit and/or historical value of artwork shall be the pre-eminent criterion in consideration of acquisition by purchase. 
The need to fill a gap in a particular collection shall not normally be sufficient reason to compromise standards of quality as observed by the museum.Ìý

  3. The owner or vendor must warrant ownership and good title in a signed statement, which can be included on the invoice or sale contract, before payment is made.Ìý

  4. Unless specifically restricted, andÌýwith the exception ofÌýdeaccession proceeds, acquisition funds may be used to purchase period frames and pedestals.ÌýÌý

  5. Acquisition funds,Ìýwith the exception ofÌýdeaccession proceeds, may be used to offset the related costs of packing, shipping and insurance.ÌýÌýÌý

  6. Purchase of artwork from any current students, university employees, or an employee’s spouse or family, or advisory board members and Collection Committee members, is prohibited.ÌýÌý

The use of deaccession funds for direct care of objects in the collection shall be determined by the director in consultation with the Staff Committee.ÌýÌýÌý

Deaccessioning and disposal by sale shall not serve to provide operating funds or establish endowments. The deaccessioning and disposal of an artwork shall be conducted with a view toward maximizing the benefit to the institution without, however, compromising the highest standards of professional ethics, the standing of the museum in the community or its responsibilities to donors. When an artwork is deaccessioned, no member of museum staff, affiliates or their representatives shall use their position to directly benefit from sale or trade of the artwork. Artwork acquired by gift shall not be disposed of to the original owner or the owner’s heir.ÌýÌýÌý

Availability of the CollectionÌý

As museum staffingÌýallows,Ìýartwork in the collection may be accessible for study by university faculty, staff and students, as well asÌýexternalÌýscholars and members of the public.ÌýÌý


VI. ProgramsÌýÌý

Truth in PresentationÌý

Museum staff and affiliates ensure that all material presented via public and private programs are well researched and truthful, with exceptions for artistic expression. They will not accept financial or other support that has the potential to compromise or influenceÌýmuseum standards of balanced, nonbiased and truthful presentation of information.ÌýÌý

Diversity and Public GoodÌýÌý

Museum staff and affiliates strive to create public programs that act as catalysts for engagement between theÌýuniversity and diverse community audiences. These programs are based on sound scholarly research and best practices in the field, present accurate information and are not culturally biased. Because theÌýmuseum’s public audiences include university faculty, students and staff,Ìýas well as diverse community audiences of various ages, programs are equally diverse in order to address the interests, values and needs of these audiences. Most programs are presented freeÌýof chargeÌýand are open to all.Ìý
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Private programsÌý(e.g.,Ìýdonor/member programs)Ìýare based on best practices in the field, presenting accurate information in a nonbiased fashion.Ìý
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