Can a Whatapp Message be used in a misconduct case?

Does a screen shot of the evidence count as evidence if it was from an opposing party?

How could it be verified that the person in question actually sent the message?

Would the evidence have to be obtained directly from Whatsapp?

  • What kind of "misconduct case" are you talking about? Who sent the message? What does it say? What do you think it proves? – bdb484 Oct 10 '18 at 0:37

We don't have a lot of details, but if you're in the United States, the answer is probably yes. There are rarely any meaningful rules of evidence in student misconduct cases, so pretty much anything can come in.

There may be some small difference in the answer depending n whether you're dealing with a public university or private, but in either case, I can't think of any reason why they would not be able to introduce the evidence if they had it.

If there's a question about its authenticity, I imagine that would just be up to the misconduct board to decide. If Person X says "Person Y sent this to me," and Person X seems credible, that's probably going to be enough.

  • That makes more sense, though it probably doesn't change the answer. If the university has access to the group chat, I'd expect them to be able to use it in the hearing. – bdb484 Oct 10 '18 at 17:00

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