COMPLAINT PROCESS

Opinions from the public regarding resources can be voiced on those resources represented in the collection or on those resources NOT represented in the collection. A complaint must be in writing. Forms are available at the desk and upon completion may be mailed or delivered to the librarian. Upon receipt of the signed form, the librarian will:

1. Examine the resource in question, the issues raised, and the circumstances involved.

2. Make a decision to remove or retain the resource in question with the help of board members.

3. Respond in writing to the complainant within one week of receipt.

4. Provide the complainant with a copy of this policy and inform the individual of the availability of a board meeting. Following a hearing, the decision of the Board shall be final.

5. The librarian should fill out and mail a “Material Challenge Incident Report” as soon as possible and mail to the current chairperson of the Intellectual Freedom Committee. The name and address may be secured from the president of the North Dakota Library Association or by calling the reference desk at the North Dakota State Library.

6. After each resource challenge incident has been resolved, a “Material Challenge Resolution Report” should be filled out and mailed to the current chairperson of the Intellectual Freedom Committee. The name and address may be secured from the president of the North Dakota library Association or by calling the reference desk at the State Library.
   

Copies of the complaint form "Request for Reconsideration of Library Materials", the Material Challenge Incident Report, and the Material Challenge Resolution Report are available upon request from the librarian.

Challenged Materials: An Interpretation of the Library Bill of Rights

Libraries: An American Value states, “We protect the rights of individuals to express their opinions about library resources and services.” The American Library Association declares as a matter of firm principle that it is the responsibility of every library to have a clearly defined written policy for collection development that includes a procedure for review of challenged materials. Selection of online resources, including Web sites, should also be governed by this collection development policy and be subject to the same procedures for review of challenged materials. This policy reflects the Library Bill of Rights and is approved by the appropriate governing authority.

Challenged materials should remain in the collection during the review process. The Library Bill of Rights states in Article I that “Materials should not be excluded because of the origin, background, or views of those contributing to their creation,” and in Article II, that “Materials should not be proscribed or removed because of partisan or doctrinal disapproval.” Freedom of expression is protected by the Constitution of the United States, but constitutionally protected expression is often separated from unprotected expression only by a dim and uncertain line. The Supreme Court has held that the Constitution requires a procedure designed to examine critically all challenged expression before it can be suppressed.1 A hearing is a part of this procedure. Materials that meet the criteria for selection and inclusion within the collection should not be removed.

Therefore, any attempt, be it legal or extra-legal,* to regulate or suppress materials in libraries must be closely scrutinized to the end that protected expression is not abridged.

Adopted June 25, 1971; amended July 1, 1981; amended January 10, 1990;

January 28, 2009, by the ALA Council.

* “Extra-legal” refers to actions that are not regulated or sanctioned by law. These can include attempts to remove or suppress materials by library staff and library board members that circumvent the library's collection development policy, or actions taken by elected officials or library board members outside the established legal process for making legislative or board decisions. “Legal process” includes challenges to library materials initiated and conducted pursuant to the library's collection development policy, actions taken by legislative bodies or library boards during official sessions or meetings, or litigation undertaken in courts of law with jurisdiction over the library and the library's governing body.