The purpose of this policy is to guide the acquisition of art by the University through commissions, purchases, loans,or gifts; to facilitate the installation of acquired art in public spaces on campus; and to inform the University community of the art collection held or owned by the University.
This policy is supported by CSU Executive Order 276, CA Civil Codes 987 and 989, and the recommendations of the International Council on Museums and the American Association of Museums. This policy is intended to reflect the University’s commitment to the principles, goals, and ideals described in the CSUMB Vision Statement and to its core values.
For information regarding the display of temporary student art on campus, please see the Policy on Student Public Art.
Artwork: refers to media and types of work that may include but not be limited to assemblages, bas-reliefs, ceramics, earthworks, electronic media, network-based, fiber, frescoes, inscriptions of text, mobiles, mosaics, murals, paintings, photographs, sculpture, textiles, tapestries, waterworks, and works that form an integral physical part of buildings. Artworks may also include functional elements of capital improvement projects such as benches, gates, lighting devices, and landscaping that are intended as artistic elements and that meet the criteria in section 5.00 of this policy.
CSUMB Campus: any buildings, grounds, or property that is owned, operated, or leased by CSU Monterey Bay, the University Corporation at Monterey Bay, or the Foundation of CSU Monterey Bay.
Public Space: On the CSUMB campus, public space is defined as any structure or open space that is visible or accessible from a public right-of-way. These include but are not limited to sidewalks, plazas, buildings, parking areas, and sports and recreational facilities. Public space can also be classified into interior public space and exterior public space.
Provenance: a work of art’s place of origin and its record of ownership.
3.00 University Art Committee
The University Art Committee (UAC) shall make recommendations to the President on all matters related to the acquisition and loan of artwork and the deaccession of existing artworks in the University’s possession. The UAC shall be responsible for determining the placement, maintenance, removal, and relocation of artworks in the University’s possession. In addition, the UAC shall be responsible for drafting, finalizing, and updating the contractual documents (donation/loan forms, etc.) that govern these actions.
The UAC may organize advisory and/or resource subcommittees in fulfillment of this work, as necessary.The UAC may also provide consultation for University projects related to art, aesthetics, and campus beautification, as requested.
3.10 Composition of the University Art Committee
The voting members of the UAC are appointed by the President and will be comprised of the following:
- Dean of the College of Arts, Humanities, and Social Sciences (Chair), ex officio;
- Director of Campus Planning and Development, ex officio, or designee;
- Faculty member of and recommended by the Visual and Public Art (VPA) Department;
- Faculty member (outside of VPA) recommended by the Academic Senate;
- Student representative, recommended by Associated Students;
- Vice President of Development, ex officio, or designee;
- Member for the arts community; and,
- Member at large.
Additional members from the community, campus Facilities, affected Colleges, Departments, or other areas may be included as necessary, as voting members or in advisory roles, as recommended by the UAC and/or appointed by the President.
All prospective acquisitions of artwork by the University shall be reviewed by the UAC. The criteria for review of art shall include, but not be limited to the following:
- Artistic Excellence: The artwork should be of sufficiently high artistic merit, relative to its author and type, to warrant inclusion in the University collection. This would usually require that the artwork be a unique piece created by artist(s) of established reputation or recognized potential.
- Scope of Collection: In order to build and maintain a viable and distinguished body of artworks, CSUMB will give priority to California artists in its collection.
- Appropriateness for the Site and University Setting: The artwork must support the educational mission of the University and/or be of special interest to the University community.
- Durability and Non-hazardous Nature of the Materials: The artwork must comply with applicable codes and regulations and be capable of being fittingly accommodated within the available physical spaces of the University.
- Maintenance Requirements: The University is able to give the artwork proper care and handling while on exhibition and/or in storage.
4.10 Conditions for the Acceptance of Artworks Gifted to the University
In addition to the criteria for review listed above, acceptance of artworks gifted to the University is predicated on the following conditions being met:
- The artwork comes to the University with clear provenance.
- The artwork comes to the University on an unrestricted basis in terms of ownership. In the event of a request for deviation from this policy, the UAC shall determine the status of any potential use restrictions (such as copyrights, patents, and trademarks) that are documented.
- If the artwork is donated to the University by a living artist or the heirs of the artist's estate, a copyright agreement shall be enacted so as to enable the University to arrange for use of reproductions for the work for educational, catalogue, publicity, and/or professional purposes without infringing on the artist's copyright. Objects accepted as bequests must be free of restrictive conditions or reverters; if these exist, efforts shall be made to gain disclaimers of reversionary interests from their heirs.
- The artwork (or an acceptable image) is loaned to the University for a detailed inspection and study. Costs associated with the review (including crating, shipping, appraisal, and insurance) must be borne by the potential donor unless the UAC deems otherwise.
Following careful review of the criteria and conditions detailed above, the UAC shall submit a written recommendation to the President to receive or not to receive a proposed artwork.
In the case of a proposed gift, the President may accept or not accept the artwork, and will communicate his/her decision to the UAC. If the proffered gift is rejected by the President, the Chair of the UAC will contact the donor and arrange for the return of the artwork. If the proffered gift is accepted, then it must meet all university requirements for gifts as stated in the California State University Monterey Bay Policy for the Acceptance of Gifts of the Foundation for CSU Monterey Bay.
Whether purchased or accepted as a gift,once title to the artwork is acquired, the object will be accessioned according to the procedures established by the UAC.
5.00 Placement and Installation
The UAC shall consider the following criteria as a basis for its decision regarding the placement and installation of University artworks:
- Appropriateness of the project for the site and University setting;
- Compatibility of the artwork with the educational mission of the University;
- Installation requirements;
- Maintenance requirements;
- Input of the current occupants and/or users of the proposed building or site;
- Durability and non-hazardous nature of the materials; and,
- Input from campus risk management representatives.
In the case of more complex artworks under consideration for installation in public settings on the campus,supplementary review processes may be used or the UAC may appoint an ad hoc Advisory Committee for a particular installation.
5.10 Ad Hoc Advisory Committee
The Ad Hoc Advisory Committee’s role is to advise the UAC by providing recommendations and information about a given artwork’s placement on campus and its academic and social context, along with related information regarding funding sources and materials to enable the UAC to make an informed decision about the proposed installation. This process is intended to give the campus community repeated opportunities to review the proposed installation.
The Advisory Committee shall serve throughout the duration of the installation project to help ensure the participation of individuals who have a clear stake in the project. The UAC should thus appoint faculty, students, staff, and administrators who will occupy or regularly use the site for the proposed installation; building coordinators, neighbors and interested community members; representatives of appropriate university offices, agencies,or organizations.
The Committee shall provide guidelines for the preparation and restoration of spaces throughout the duration of the display.
6.00 Exhibition of Objects from the University Collection
The exhibition/installation of artworks from the collection is limited to University-owned or leased buildings except in those cases where specific loan agreements are negotiated with museums, galleries, and other non-profit/art/government institutions.
Artworks from the collection may be displayed throughout the campus on a rotating basis. While efforts shall be made to accommodate the preferences of the individual inhabitants of these display areas, the well-being of the individual work and proper conservation must be considered, and therefore, the final decision as to which artworks are to be installed and for how long rests with the UAC.
No person shall make any change to or move the artwork after it has been placed on exhibition around campus, without the written permission of the UAC, subject to appeal to the President.
7.00 Loans To/From the University Collection
There are three primary purposes for the loan of artwork:
- For the exhibition as part of a temporary installation;
- For inspection and study with regard to possible gift or purchase; and,
- For research, identification, or attribution of an artwork.
All potential loans of artwork to or from the University Art Collection must be reviewed in advance by the UAC.
The Chair of the UAC shall report to the UAC on all loans being considered before recommendations are made by the UAC to the President. The loans of artwork should be part of the UAC report to the Senate.
7.10 Incoming Loans
Artworks requested by or offered to the University for an incoming loan must receive prior approval by the President, based on consultation with UAC. An Incoming Loan Agreement Form must be completed before the work arrives on campus.
The requestor’s offer will come to the Chair of the UAC with registration information including:
- Written certification by the lender regarding the condition of the artwork and its ability to withstand travel conditions;
- Its provenance;
- Information for public recognition (i.e., labeling); and,
- Specified period of time for which the loan is offered.
In developing its recommendation to the President on the acceptance of an artwork on loan, the UAC shall apply the criteria outlined in section 4.00 of this policy. The UAC Chair shall communicate the UAC recommendation in writing to the President.
If accepted by the President, the Chair of the UAC shall record the condition of the artwork at the time of arrival and at the time of departure. Evidence of damage at the time of receipt or while in the University’s custody shall be reported immediately to the lender.
No alteration, restoration, or repair of any artwork shall be effected without the prior written approval of the lender.
The University retains the right to determine when, if, and for how long borrowed objects will be exhibited. The University may cancel any loan upon reasonable notice to the lender.
7.20 Outgoing Loans
The UAC shall consider requests to loan objects that have undisputed ownership by the University and/or the Foundation of CSUMB which, in the opinion of the UAC, are in adequate condition to endure the purpose of the loan. In some cases,special considerations, such as packing requirements, couriers, or methods of shipping may be required in order for an artwork to be considered for a loan.
The decision to approve loan requests shall be made by the President, based on recommendations by the UAC. The UAC shall be responsible for maintaining records of the current status of University artwork out on loans.
The Chair of the UAC shall be responsible for preparing the Outgoing Agreement Form as well as written documentation of the condition of the artwork and its ability to withstand travel conditions before it leaves the campus and once again when the artwork is returned to campus.
Artworks borrowed from the University Collection shall be given special care at all times to ensure against loss, damage, or deterioration. The borrower must immediately notify the Chair of the UAC of any damage or loss discovered. No alteration, restoration, or repair to any artwork on loan by the University shall be effected without the prior written approval of UAC. The borrower must provide documentation of adequate insurance coverage for all borrowed artwork.
The artwork may not be photographed or reproduced unless prior written authorization is obtained by the UAC; fees may apply.
Artwork on loan shall be returned to the University by the stated termination date in satisfactory condition, in accordance with the Outgoing Loan Agreement Form.
8.00 Deaccession and Disposal
The UAC shall identify and evaluate potential candidates for deacession according to the following criteria, as applicable
- Care: It is determined that the University is unable to care properly for the artwork, or there is found to be marked discrepancy between the cost of conservation and the aesthetic, historical, or financial value of the object.
- Quality: It is determined that an artwork is of markedly inferior quality, either intrinsically or relatively, in comparison with other objects of the same type in the collection.
- Redundancy: It is determined that the object is a duplicate of another work in the collection and has no value as part of a series, or that the object is repeated in kind by a superior example within the collection.
- Inappropriateness: It is determined that the object now lacks a demonstrable relevance to the collection.
- Illegitimate Possession: It is proven that an artwork in the collection was stolen or illegally exported from a foreign country, or imported into the United States in violation of applicable state, federal, or international law.
- Act of Sacrifice: It may be determined that an artwork of quality is of such a relative value to a collection that it should be sacrificed to strengthen the University Art Collection.
- Forgeries: Artworks proven beyond a reasonable doubt to be forgeries shall be marked indelibly as such and consideration given to deaccessioning the artwork. However, under most circumstances these artworks shall not be returned to the art market.
Following a UAC recommendation for deaccession, an independent outside appraisal of financial value of the artwork to be deaccessioned shall be obtained, along with recommendations as to the best means of disposal (i.e., exchange, return to dealer for credit, public auction, etc.). In addition, living donors shall be informed of the University’s intention to deaccession a work. In the case of works by living artists, sincere attempts shall be made to notify the artist.
The Chair of the UAC shall prepare a memorandum of understanding stating the reasons for deaccessioning as they relate to the criteria listed in this section. The memorandum shall include the intended method of disposal and an estimate of the costs and revenue associated with this action. The memorandum shall be reviewed by the UAC before being forwarded to the President for final approval.
Records of deaccessioned artworks,including photographs and documentation of the means of disposal shall indefinitely remain in the UAC files, maintaining the accession numbers by which they were entered in the inventory.
In general, private sales of artwork deaccessioned by the University are discouraged; rather, preference shall be given to having artwork remain in the public domain. There shall be no private sale to faculty, staff, administration, or any members of the governing authority of the University, or its representatives. No part of the collection shall be removed for gifts.
Funds realized from deaccession sales shall be used to benefit the University’s Art Collection.
9.00 Collection Management
The Chair of the UAC shall be responsible for overseeing an annual inspection of the University’s collection and shall present a status report to the President, and the Cabinet on an annual basis. The status report shall include, but not be limited to the following information:
- Artworks physically located on campus, borrowed by the University;
- Items out on loan, including location and duration of loan;
- New acquisition, gifted to or purchased by the University;
- Artworks deaccessioned, or planned for deaccession in the year;
- Artworks on exhibition or planned for campus exhibition; and,
- Related educational or promotional activities completed or planned.
An up-to-date inventory of the University Art Collection shall be available as part of the University's Library database.
9.10 Funds for Works of Art in Public Spaces
Funds for the installation, security, insurance, and maintenance of artworks shall be secured and documented prior to making gift or loan arrangements. Funds may come from a variety of sources including building project funds, local institutional funds, public grants, and private contributions in the form of cash gifts, endowments, bequests, or direct gifts of art from individuals, corporations, and foundations. Direct gifts of art are usually accompanied by an endowment gift that will ensure the University will be able to secure, insure, and maintain the artwork. Generally, an endowment accompanying a piece of art must have a corpus equal to the value of the artwork. Exceptions may be made by the President. If the artwork is ever deaccessioned, thenf unds remaining in its accompanying endowment shall be moved into an account supporting the University Art Collection. Earnings from the account may also be expended for the accession of other art pieces.
10.00 Continuous Renewal
This policy shall be reviewed ten years from its effective date to determine its effectiveness and appropriateness. This policy may be reviewed before that time as necessary.
s/ President Eduardo M. Ochoa
Effective Date: September 1, 2016
Certification of Process
Reviewed by: Policy Facilitation Team, University Art Committee, Academic Affairs Council, University Corporation at Monterey Bay, Enrollment Services & Student Affairs Leadership Team, University Development, Administration & Finance, Associated Students, Educational Planning & Policy Committee, Academic Senate, and ProvostDownload a signed .pdf version of this policy