# WAC 132S-110-070: WAC 132S-110-070. Evidence

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_070

## Section

- **Citation:** WAC 132S-110-070
- **Heading:** WAC 132S-110-070. Evidence
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 132S / Chapter 132S-110 / Section 132S-110-070

## Text

The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:
(1) Relevance: The hearing panel 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 hearing panel 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 hearing panel 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
(f) Other legal privileges identified in RCW 5.60.060 .

## Nearby sections

- [WAC 132S-110-010 WAC 132S-110-010. Order of precedence](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_010.md)
- [WAC 132S-110-020 WAC 132S-110-020. Prohibited conduct under Title IX](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_020.md)
- [WAC 132S-110-030 WAC 132S-110-030. Title IX jurisdiction](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_030.md)
- [WAC 132S-110-040 WAC 132S-110-040. Initiation of hearing](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_040.md)
- [WAC 132S-110-050 WAC 132S-110-050. Prehearing procedure](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_050.md)
- [WAC 132S-110-060 WAC 132S-110-060. Rights of parties](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_060.md)
- [WAC 132S-110-070 WAC 132S-110-070. Evidence](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_070.md)
- [WAC 132S-110-080 WAC 132S-110-080. Initial order](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_080.md)
- [WAC 132S-110-090 WAC 132S-110-090. Appeals](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_090.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132S_110_070. Check the current official text before relying on it. Not legal advice.