@hak: Pretty easy to check if Modernizr is loaded, by either inspecting the html tag via Firebug for all the Modernizr classes, or check for the Modernizr object in a script panel, but even if Modernizr isn’t loading (is it “checked” in the BP Admin panel), IE-Shim should… Do you have a URL I could look at (feel free to email it directly to me if you want to keep it out of this conversation)?
Atg