# WAC 504-26-045: WAC 504-26-045. Evidence

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_045

## Section

- **Citation:** WAC 504-26-045
- **Heading:** WAC 504-26-045. Evidence
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 504 / Chapter 504-26 / Section 504-26-045

## Text

(1) Evidence, including hearsay evidence, is admissible in student conduct proceedings if, in the judgment of the conduct officer or presiding officer, it is the kind of evidence that reasonably prudent persons are accustomed to rely on in the conduct of their affairs. The conduct officer or presiding officer determines the admissibility and relevance of all information and evidence.
(2) A complainant's sexual interests or prior sexual conduct is not relevant and not admissible in a conduct hearing unless such evidence is offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent. The fact of prior consensual sexual conduct between a complainant and a respondent does not by itself demonstrate or imply the complainant's consent to the alleged conduct or preclude determination that the conduct occurred.
(3) For matters involving conduct implicating EP15, evidence that was provided to a confidential employee is not admissible, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality.
(4) Parties may choose to remain silent during conduct proceedings, recognizing that they give up the opportunity to explain their version of events and that the decision is made based on the information presented at the hearing. No party must be compelled to give self-incriminating evidence, and no negative inference will be drawn from a party's refusal to participate in any stage of the conduct proceeding. If either party does not attend or participate in a hearing, the decision maker may resolve the matter based on the information available at the time of the hearing.

## Nearby sections

- [WAC 504-26-001 WAC 504-26-001. Preamble](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_001.md)
- [WAC 504-26-010 WAC 504-26-010. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_010.md)
- [WAC 504-26-015 WAC 504-26-015. Jurisdiction and applicability — Relationship to other proceedings](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_015.md)
- [WAC 504-26-020 WAC 504-26-020. Advisors and representatives](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_020.md)
- [WAC 504-26-025 WAC 504-26-025. Confidentiality and participation in student conduct hearings](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_025.md)
- [WAC 504-26-030 WAC 504-26-030. Consolidation](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_030.md)
- [WAC 504-26-035 WAC 504-26-035. Service and notification](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_035.md)
- [WAC 504-26-040 WAC 504-26-040. Presumptions and standard of proof](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_040.md)
- [WAC 504-26-045 WAC 504-26-045. Evidence](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_045.md)
- [WAC 504-26-050 WAC 504-26-050. Supportive measures](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_050.md)
- [WAC 504-26-100 WAC 504-26-100. Presiding officers](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_100.md)
- [WAC 504-26-105 WAC 504-26-105. Recruitment, appointment, and term of community standards board members](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_105.md)
- [WAC 504-26-110 WAC 504-26-110. Composition of conduct board](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_110.md)
- [WAC 504-26-112 WAC 504-26-112. Community standards board chairs](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_112.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_504_26_045. Check the current official text before relying on it. Not legal advice.