Auburn University has played an unfortunate role in the desecration of Oce Vpofv (Hickory Ground). In 2001, at Poarch’s direction, archeologists from Auburn University conducted a Phase III excavation at Hickory Ground, despite the fact that the archeological surveys Poarch conducted from 1988 to 1993 revealed that no portion of Hickory Ground was without cultural resources and that the entire site contained Indian burials.

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To undertake its excavation activities starting in 2001, Auburn was required to obtain a permit under the Archaeological Resources Protection Act (ARPA). Records in this case indicate that Auburn did not obtain this permit until 2003, two years after Auburn commenced excavating Mekko Thompson’s relatives and cultural resources at Poarch’s request.

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This permit required Auburn to consult with the Muscogee (Creek) Nation and Mekko Thompson before removing any single human remains or cultural resource. It was absolutely illegal for Auburn to remove Mekko Thompson’s relatives from their final resting place without first consulting with Mekko Thompson and the Muscogee (Creek) Nation, as required by ARPA and the Native American Graves Protection and Repatriation Act (NAGPRA).

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What then transpired continues to shock the moral consciousness and cause the Mvskoke people of Hickory Ground Tribal Town significant trauma. Auburn’s archeologists removed at least, if not more than 57 of Mekko Thompson’s and other Hickory Ground members’ relatives from their graves. Auburn put their remains in plastic bags, buckets, and storage bins. Many were transported to Auburn University, where they remain today, kept in deplorable conditions that have led to the buildup of mold on the human remains illegally removed from Hickory Ground. Auburn also allowed Poarch to take possession of some of the remains of Mekko Thompson’s relatives, and Auburn has allowed them to remain in trash bags in a garden shed on Poarch’s casino property, despite the fact that doing so is a direction violation of NAGPRA.

 

Further, no later than six weeks after the excavation concluded, ARPA required Auburn to submit to Muscogee (Creek) Nation a full Phase III inventory report documenting precisely how many human remains Auburn had excavated, along with any and all associated funerary objects. Twenty years later, Auburn still refuses to send this report to the Nation and Mekko Thompson.

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Because the Mvskoke relatives that Poarch and Auburn illegally dug up are the direct ancestors of Mekko Thompson and the members of Hickory Ground Tribal Town today—located on the Mvskoke Reservation in Oklahoma—NAGPRA requires Auburn (and Poarch) to repatriate all of Mekko Thompson’s relatives to him, so he can rebury them in accordance with Mvskoke religion, culture, law, and tradition. Auburn University, however, has failed to make this happen. The ongoing storage of Mvskoke relatives in plastic bins and trash bags causes the Mvskoke people of Hickory Ground significant trauma and heartache. The Nation, along with Mekko Thompson and Hickory Ground Tribal Town, filed the current lawsuit against Auburn, asking the federal courts to require Auburn to comply with NAGPRA and return Mekko Thompson’s relatives to him. Should Auburn choose to do the right thing, it does not need to wait for a federal court to tell the university what to do. Auburn could return Mekko Thompson’s relatives right now, if they choose to do so.