# WAC 495A-400-070: WAC 495A-400-070. Evidence

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_070

## Section

- **Citation:** WAC 495A-400-070
- **Heading:** WAC 495A-400-070. Evidence
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 495A / Chapter 495A-400 / Section 495A-400-070

## 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 counsellors;
(e) Privileges applicable to sexual assault and domestic violence advocates; and
(f) Other legal privileges identified in RCW 5.60.060 .

## Nearby sections

- [WAC 495A-400-010 WAC 495A-400-010. Order of precedence](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_010.md)
- [WAC 495A-400-020 WAC 495A-400-020. Prohibited conduct under Title IX](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_020.md)
- [WAC 495A-400-030 WAC 495A-400-030. Title IX jurisdiction](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_030.md)
- [WAC 495A-400-040 WAC 495A-400-040. Initiation of discipline](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_040.md)
- [WAC 495A-400-050 WAC 495A-400-050. Prehearing procedure](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_050.md)
- [WAC 495A-400-060 WAC 495A-400-060. Rights of parties](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_060.md)
- [WAC 495A-400-070 WAC 495A-400-070. Evidence](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_070.md)
- [WAC 495A-400-080 WAC 495A-400-080. Initial order](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_080.md)
- [WAC 495A-400-090 WAC 495A-400-090. Appeals](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_090.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_495A_400_070. Check the current official text before relying on it. Not legal advice.