# WAC 132I-127-565: WAC 132I-127-565. Evidence

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_565

## Section

- **Citation:** WAC 132I-127-565
- **Heading:** WAC 132I-127-565. Evidence
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 132I / Chapter 132I-127 / Section 132I-127-565

## Text

The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:
(1) Relevance: The committee chair shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.
(2) Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.
(3) Questions or evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:
(a) Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or
(b) Concerns specific incidents of prior sexual behavior between the complainant and the respondent, which are asked or offered on the issue of consent.
(4) No negative inference: The committee may not make an inference regarding responsibility solely on a witness's or party's absence from the hearing or refusal to answer questions.
(5) Privileged evidence: The committee shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:
(a) Spousal/domestic partner privilege;
(b) Attorney-client and attorney work product privileges;
(c) Privileges applicable to members of the clergy and priests;
(d) Privileges applicable to medical providers, mental health therapists, and counselors;
(e) Privileges applicable to sexual assault and domestic violence advocates; and
des, but is not limited to, information protected by the following:
(a) Spousal/domestic partner privilege;
(b) Attorney-client and attorney work product privileges;
(c) Privileges applicable to members of the clergy and priests;
(d) Privileges applicable to medical providers, mental health therapists, and counselors;
(e) Privileges applicable to sexual assault and domestic violence advocates; and
(f) Other legal privileges identified in RCW 5.60.060 .
(6) Complainant and respondent may not ask questions directly of one another or other witnesses. Questions may be asked through a party's advisor or by the chair of the student conduct committee, after determining whether the question is relevant and not privileged or otherwise impermissible. The chair of the student conduct committee has discretion to follow this procedure for other witnesses, as well.

## Nearby sections

- [WAC 132I-127-505 WAC 132I-127-505. Order of precedence](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_505.md)
- [WAC 132I-127-515 WAC 132I-127-515. Prohibited conduct under Title IX](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_515.md)
- [WAC 132I-127-525 WAC 132I-127-525. Title IX jurisdiction](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_525.md)
- [WAC 132I-127-535 WAC 132I-127-535. Initiation of discipline](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_535.md)
- [WAC 132I-127-545 WAC 132I-127-545. Prehearing procedure](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_545.md)
- [WAC 132I-127-555 WAC 132I-127-555. Rights of parties](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_555.md)
- [WAC 132I-127-565 WAC 132I-127-565. Evidence](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_565.md)
- [WAC 132I-127-575 WAC 132I-127-575. Initial order](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_575.md)
- [WAC 132I-127-585 WAC 132I-127-585. Appeals](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_585.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132I_127_565. Check the current official text before relying on it. Not legal advice.