# WAC 132Z-120-035: WAC 132Z-120-035. Evidence

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_035

## Section

- **Citation:** WAC 132Z-120-035
- **Heading:** WAC 132Z-120-035. Evidence
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 132Z / Chapter 132Z-120 / Section 132Z-120-035

## 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) Complainant and respondent may not ask questions directly of one another. Questions may be asked through a party's advisor or by the chair, after the chair determines the question is relevant and not privileged or otherwise impermissible. The chair has discretion to follow this procedure for other witnesses, as well.
(5) 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.
(6) 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
(f) Other legal privileges identified in RCW 5.60.060 .

## Nearby sections

- [WAC 132Z-120-005 WAC 132Z-120-005. Order of precedence](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_005.md)
- [WAC 132Z-120-010 WAC 132Z-120-010. Prohibited conduct under Title IX](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_010.md)
- [WAC 132Z-120-015 WAC 132Z-120-015. Title IX jurisdiction](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_015.md)
- [WAC 132Z-120-020 WAC 132Z-120-020. Initiation of discipline](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_020.md)
- [WAC 132Z-120-025 WAC 132Z-120-025. Prehearing procedure](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_025.md)
- [WAC 132Z-120-030 WAC 132Z-120-030. Rights of parties](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_030.md)
- [WAC 132Z-120-035 WAC 132Z-120-035. Evidence](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_035.md)
- [WAC 132Z-120-040 WAC 132Z-120-040. Initial order](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_040.md)
- [WAC 132Z-120-045 WAC 132Z-120-045. Appeals](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_045.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_132Z_120_035. Check the current official text before relying on it. Not legal advice.