The introduction and consideration of evidence by the decision maker is subject to the following procedures and restrictions:

1. (1) Relevance: The decision maker shall review all questions for relevance and shall explain to the party proposing the questions any decision to exclude a question as not relevant.
2. (2) Relevance means that information elicited by the question makes facts in dispute more or less likely to be true.

3. (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:

   1. (a) Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or
   2. (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. (4) No negative inference: The decision maker may not make an inference regarding responsibility solely on a witness's or party's absence from a hearing or refusal to answer questions.

5. (5) Privileged evidence: The decision maker 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:

   1. (a) Spousal/domestic partner privilege;
   2. (b) Attorney-client and attorney work product privileges;
   3. (c) Privileges applicable to members of the clergy and priests;
   4. (d) Privileges applicable to medical providers, mental health therapists, and counselors;
   5. (e) Privileges applicable to sexual assault and domestic violence advocates; and
   6. (f) Other legal privileges identified in RCW 5.60.060.

[Statutory Authority: Chapter 34.05 RCW, RCW 72.42.041(2), 72.40.0191(12), 72.40.0191(17), and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. WSR 25-22-092, s 148-120-930, filed 11/4/25, effective 12/5/25.]