Wash. Admin. Code § 132F-121-330 - Evidence
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
(f) Other legal privileges identified in
RCW
5.60.060.
Notes
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