Purpose & Intent of Protocols

The purpose of this document is to open a dialogue and create a structure for meaningful consultation to establish mutually beneficial practices and trust between Dartmouth and Indigenous American Communities. This framework intends to provide a mechanism for initiating conversations around sensitive materials in our collections and creating the opportunity for shared stewardship or for the appropriate transfer of ownership of materials. 

What follows provides guidance and protocols for handling, access and protection of materials created by Indigenous peoples, materials created by others that depict their cultures, and traditional knowledge preserved in the materials within the collections of Dartmouth Libraries. The protocols are intended to be a living document, subject to change with the evolving mission of both the Libraries and the Indigenous communities whose cultural information or materials are stored in our collections. This document covers, but is not strictly limited to, federally recognized Native American tribes; federally recognized Native Alaskan villages; Native Hawaiian organizations, as well as First Nations, the Métis Nation, and Inuit recognized by the Canadian Government and state recognized Native American tribes working with federally recognized tribes. The protocols aim to balance the Libraries’ commitment to free and equal access to collections while respecting and honoring the sovereignty of tribal nations and Indigenous communities with regard to culturally sensitive materials.

Principles

Certain collection materials at Dartmouth Libraries are considered culturally sensitive. Physical items, and their digital representations, as well as born digital items in the Libraries’ collections that are in the possession of The Trustees of Dartmouth College may contain traditional knowledge that belongs to Indigenous communities. The Libraries are committed to preserving the materials in its collections and making them freely available for research whenever possible, while recognizing it has a responsibility to respect and honor Indigenous protocols and restrictions. The Libraries will proactively restrict material that is known or suspected to be culturally sensitive. In these instances, the Libraries will consult with relevant Tribal Historic Preservation Officers (THPO) or officially designated tribal representatives on further guidance for handling of these materials. In the case of new collections or items being offered, the Libraries will consult with officially designated tribal representatives before proceeding with acquisition to determine appropriateness of acquisition and to determine if access restrictions are necessary (see the Libraries’ Indigenous Materials Collecting Policy below).

Access to Indigenous Materials

The Dartmouth Libraries strive to respect all aspects of Indigenous culture, traditions and practices. The Libraries remain committed to consulting and developing relationships with communities whose knowledge and cultural heritage is represented in our collections. Our staff responds cooperatively to requests for viewing Indigenous related materials, works to improve descriptive practices for Indigenous cultural materials, and strives to be sensitive and responsive to the needs of all researchers, visitors, and Indigenous peoples.1

Dartmouth Libraries encourages researchers to engage in active dialogue with the tribes or communities associated with the material they are studying. In addition, we ask that researchers respect the sensitive nature of any materials, whether or not they have been formally identified by the Libraries or Indigenous community as culturally sensitive, and whether or not they have been previously published. While it is important for researchers and the Libraries to observe and respect copyright when engaging with indigenous materials, it is equally important for both parties to recognize that “Western copyright laws are based on principles which are diametrically opposite to Indigenous legal approaches to knowledge and that those alternative approaches must also be respected.” In addition to honoring copyright, privacy, and donor restrictions that may govern the use of our collections, researchers who wish to receive permission to view identified culturally sensitive materials and wish to publish those materials must first receive permission to publish from an officially designated tribal representative such as a Tribal Historic Preservation Officer (THPO) or other appropriate cultural representative of the related tribal nation.

Culturally sensitive Indigenous materials are defined as “tangible or intangible property and knowledge that pertains to the distinct values, beliefs, and ways of living for a culture. It often includes property and knowledge that is not intended to be shared outside the community of origin.”3 What is culturally sensitive to one community may not be sensitive to another, but in general such materials include “any Indigenous material that depicts a tribal spiritual or religious place (e.g., kiva or Midewinn [sic: Midéwiwin] lodge), object (e.g., Iroquois [sic: Haudenosaunee] masks), or belief or activity (e.g., Cherokee sacred formulae). A spiritual or religious activity may include prayers, ceremonies, burials, songs, dances, healings, and medicine rituals.” Materials may be culturally sensitive at certain times of year and not at other times, as with Anishinaabe stories and songs. Other materials may also have gendered cultural protocols. In addition, the Libraries acknowledge the Indigenous belief that objects have the capacity to be imbued with ancestral or creative spirit. Thus, something that is simply viewed as an object through Western eyes, may be sacred in the eyes of a community.

Certain collection materials have already been identified as culturally sensitive, but our effort to identify all culturally sensitive materials in the collection is ongoing. See Procedures for Returning Culturally Sensitive Materials for an explanation of the process by which the Libraries identify culturally sensitive materials. Known culturally sensitive materials have been flagged by Library staff. These items will either be noted via restriction statements in finding aids or catalog records, or their restricted status will be conveyed to users directly by Library staff. In the case where something is considered so sensitive that even a description of it is problematic, the Libraries will not make the descriptions publicly available. The Libraries will not display identified culturally sensitive materials on our website, exhibit them publicly, or show them to visiting classes or groups unless such uses are approved by the properly designated tribal representative for the affected tribal nation or Indigenous community. The Libraries will, in consultation with the community or designated tribal representative, create and make accessible metadata describing such materials to make it possible for these items to be discovered by researchers and the community. 

There are collection materials that are potentially culturally sensitive, but which have not yet been formally identified as such. In selecting materials to exhibit and show to classes and general interest groups, the Libraries will strive to omit items that could be classed as culturally sensitive according to the general definition above. Culturally sensitive materials may be digitized with the permission of an officially designated tribal representative for preservation purposes, but will not be made publicly available. In the case where digital representation, even when the images are not publicly available, violates tribal norms, the Libraries will destroy any images (digital or analog) upon request of an officially designated tribal representative.

Researchers who previously accessed materials in the Libraries’ collections which have since been identified as culturally sensitive are asked to consult with the relevant THPO, or designated tribal representative, to gain access to those materials. The Libraries acknowledge the fluctuating nature of permissions and protocols of Indigenous communities and the difficulty this may create for users, but values protecting culturally sensitive materials over access. When possible, the Libraries, working with the appropriate tribal authorities, will draw up and implement a memorandum of understanding regarding access to and reproduction of culturally sensitive materials in its collections.

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1American Philosophical Society, Protocols for the Treatment of Indigenous Materials, p.5.

2 (2007) Protocols for native american archival materials. First Archivist Circle. Available at: https://www2.nau.edu/libnap-p/protocols.html (Accessed: October 20, 2022).

3“Brief Glossary of Terms: Culturally sensitive,” In “Protocols for Native American Archival Materials,” April 9, 2007. http://www2.nau.edu/libnap-p/protocols.html.

Procedures for Identifying Culturally Sensitive Materials

The process of identifying culturally sensitive materials is ongoing. Library staff engaged in these activities will consult with appropriate Indigenous communities to determine use and access protocols as items or collections are identified. Due to the complexity of this process, we cannot guarantee that all culturally sensitive materials have been identified or will be identified. 

Researchers and/or Library staff who identify materials that may be culturally sensitive to Indigenous people (following the principles, definition, and guidelines provided in this document) are encouraged to notify rauner.reference@dartmouth.edu.

When contacting Rauner about material that may be culturally sensitive, please include:

  • Call number
  • Box number(s)Folder number(s)
  • Pages (when appropriate)
  • Descriptions of images
  • URL for digital items
  • Also please describe the nature of the sensitivity

When the potentially sensitive materials are brought to our attention, Library staff will make all reasonable efforts, such as two to three methods of contact, to reach the relevant designated tribal representative for the affected tribal nation or Indigenous group to discuss the materials. When contacting a designated tribal representative, knowing that they may be inundated by such requests, the Libraries will provide a 180 day time period for response. During that time, the Libraries will restrict all research access. If no response is forthcoming in the 180 day period, the matter will be considered closed and all restrictions will be lifted. Should the Libraries receive a response after 180 days is up, the Libraries will reopen the issue for consideration.

When unpublished materials have been determined to be culturally sensitive by an Indigenous community, their THPO, or other official body, the following steps will be taken to clarify their status:

  • A restriction statement will be added at the collection/resource level in the collection management system/finding aid indicating the presence of culturally sensitive materials.
  • When possible, staff will also add a restriction statement at the box or folder level indicating the presence of culturally sensitive materials with an explanation of who can have access to the materials and under what circumstances.
  • Folders or boxes containing culturally sensitive materials will be physically marked as restricted.
  • Entire boxes that have been deemed culturally sensitive will only circulate to those researchers and Library staff who have been approved by the appropriate tribal authorities.
  • Individual restricted folders within a box will be removed prior to being circulated unless the researcher has been approved by the appropriate tribal authorities.
  • Whenever feasible, restricted items will be sequestered at the item level to facilitate restriction as well as continued use of unrestricted items.
  • Digital surrogates or born digital items of culturally sensitive materials will also receive restriction statements indicating the circumstances under which they can be made accessible. Such items will be stored in a secure environment (DISC Level 3) with staff mediated access.

In the case of published material:

  • A note will be added to either the bibliographic or item records in the Catalog indicating that the item is restricted and under what circumstances it can be accessed.
  • When feasible, the item in question will be boxed and the box will be marked as restricted.
  • In the case where specific pages in a published item are identified as restricted, the item may be digitized so that the restricted pages may be redacted to facilitate use.

Return Requests

The Libraries view return requests as an open and collaborative process to be undertaken by the requestor and the Libraries together in good faith. All requests for return of materials will be taken seriously and will be addressed within 180 days of the initial request. Note that the return of Indigenous materials or presentations of such materials do not fall under NAGPRA and are thus governed by this protocol.

Who May Make Return Requests

Requests for the return of Indigenous cultural materials, objects or representations of such (photographs, recordings, etc.) may be made by:

(i) lineal descendants of named individuals; (ii) federally recognized Native American tribes; (iii) federally recognized Native Alaskan villages; and (iv) Native Hawaiian organizations; (v) First Nations, the Métis Nation, and Inuit recognized by the Canadian Government.

Lineal Descendants of Named Individuals

The closest living lineal descendants of named individuals whose heritage/belongings or representation of such heritage/belongings are currently held by the Libraries may make a request for the return of those belongings. Descendants of known individuals who owned materials, sacred objects, or representations now held by the Libraries where the cultural affiliation of the objects cannot be reasonably ascertained, may make a request for the return of those objects. Documentation of family connection must be provided.

Federally Recognized Native American Tribes, First Nations, the Métis Nation, and Inuit

Requests may be made by “federally recognized Native American tribe” which are defined as any tribe, band, nation, organized group or community of Native Americans, including Native Alaskan villages, listed by the Bureau of Indian Affairs or the Canadian Government, which is recognized as eligible for the special programs and services provided by the United States or Canada to them because of their status as Native Americans.

State Recognized Native American Tribes Working with Federally Recognized Tribes.

Requests may be made by a state recognized tribe working with a culturally affiliated federally recognized tribe. The partnership and subsequent request must be made by both tribes; the Libraries will not assume responsibility for the initial outreach and Coordination.

Native Hawaiian Organizations

A Native Hawaiian organization is any organization which serves and represents the interests of Native Hawaiians, has a primary and stated purpose to provide services to Native Hawaiians, and has expertise in Native Hawaiian affairs.

Procedures for Returning Cultural Materials

Process for return consideration

If an individual or community that falls into one of the above categories requests the return of Indigenous cultural materials, sacred objects, or representations thereof, in the Libraries’ holdings, the Libraries will form an investigative group appointed by the Dean of Libraries. The investigative group will consist of:

  • The Associate Dean of Libraries with oversight of the area as chair
  • The individual/liaison with curatorial oversight of the materials
  • Three other Library staff to be chosen by the Dean
  • External advisors as appropriate

The investigative group will initiate a process to gather documentation to determine the status of the materials. Once the Libraries have gathered documentation, that evidence, along with a summary of the evidence, will be shared with the requestor. At that point, the requestor may present any evidence or counterargument to the documentation presented by the Libraries. Based on the initial claim, the evidence provided, and the documentation gathered, the investigative group will present its recommendation regarding the return of the materials to the Dean of Libraries. The Dean will consult with the appropriate College authorities prior to making a decision. Once approved by the Dean, the decision will be shared, in writing, with the requestor.

Appeals

In the event that the requestor disagrees with the final decision, they can appeal this decision to the Office of the President. The Libraries will abide by the decision made by the President in consultation with the appropriate advisors.

Competing claims

In cases where the Libraries are aware of, or suspects there may be, competing claims related to materials held in its collection, it will make every effort to inform the likely claimants, or will temporarily sequester items under consideration for return and will post a public notice of intent to return. Where there are multiple requests for return of any cultural item, sacred objects, or representation of such, and the Libraries cannot clearly determine which requesting party is the most appropriate claimant, the Libraries will retain such item or collection until the requesting parties agree upon its disposition or the dispute is otherwise resolved.

Libraries Indigenous Materials Collecting Policy

The Dartmouth Libraries will only consider the acquisition of archival and manuscript materials that were created or generated by Indigenous communities if they fit with the Libraries’ collecting and selecting policies, and if they fall into one of the following categories:

  1. No community exists, or can be identified, that currently represents the creators of the materials.
  2. The ownership of the materials is disputed by two or more communities, and Dartmouth has been elected by all of those communities as a neutral party to hold these disputed materials.
  3. A community specifically asks Dartmouth to be the custodian of their materials, either for a period of time or permanently.

Deposits, Access, and Restrictions:

In general, the Libraries will only accept items where legal title is transferred to Dartmouth College. The decision to take in materials from an Indigenous community on a deposit basis should be carefully considered and discussed prior to making a final decision. 

As a research and teaching facility, the Libraries avoids taking in collections with long-standing or complex access restrictions. Decisions to house highly restricted materials, or materials with complex and varied access restrictions, should be discussed and carefully considered before accepting such material into the collections.

Definition of Terms (APPENDIX)

A. “Indigenous materials” means any photograph, drawing, book, manuscript (including items associated with manuscript collections such as wax seals and awards), research or any other type of printed material (whether bound or not), recordings (audio and video), art, material culture, graphics (such as maps and illustrations), microfilm and digital material, that documents or relates to the culture and language of native communities Indigenous to the Americas, including those created by non Indigenous people. NAGPRA’s scope covers ancestral remains, funerary objects, sacred objects, and objects of cultural patrimony. Their scope does not include digital surrogates, manuscript documentation of communities or recordings; however, the Libraries have expanded the scope to include these within their own protocols as defined in this document.

B. “Materials that are culturally sensitive” means any Indigenous material that depicts a tribal spiritual or religious place (e.g., kiva or Midewiwin map), object (e.g., Iroquois masks), belief or activity (e.g., Cherokee sacred formulae), or are generally of cultural patrimony. A spiritual or religious activity may include prayers, ceremonies, burials, songs, dancing, healings, and medicine rituals. The definition of “culturally sensitive” may include any other definition provided in writing by a specific tribe with respect to any Indigenous materials held by the Libraries or Museum depicting that tribe’s culture or from which the materials originate. The Library will then determine whether the tribe’s definition falls within the spirit of the definition set forth herein.

C. “Materials with legal restrictions” means any material whose donor has put legal restrictions on the material pursuant to an instrument recognized under the law, or any material which is otherwise restricted by principles of intellectual property law. 

D. “Tribe” means the official governing body of a tribe, typically made up of a Tribal Council and its elected or appointed Chief, President, Governor, Chairman or other person who serves as the head of the Executive Branch of the official Tribal Government, or a tribal department, agency, entity, or organization delegated authority by a tribe to deal with tribal cultural matters. Where there are traditional governments or religious or traditional leaders (clans or societies or Canadian communities), or practitioners generally recognized within a tribal community as being the official protectors or keepers of a tribe’s traditions or having knowledge of “culturally sensitive” material, “tribe” may include these religious or traditional leaders or practitioners. Where a tribe has divided or separated into more than one tribal Band, Community, Confederation or Nation, and at least one tribal Band, Community, Confederation or Nation from where the materials originate or were collected or whose culture is depicted in the materials, i.e., the Eastern Band of Cherokee Indians, has defined the materials as “culturally sensitive, the Libraries will defer to the decision of that tribal Band, Community, Confederation or Nation. For purposes of these Protocols, the term “tribe” refers to the tribe where the materials originate or were collected or whose culture is depicted in the materials.

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