West Virginia High School Ordered to Reinstate Teacher

11 May, 1999

By The Rutherford Institute
CNS Information Services

News Release

Elkins, WVa - The West Virginia Education and State Employees Grievance Board ruled last week that the Randolph County Board of Education violated the rights of high school physics teacher Phillip Hudok. Hudok was fired for his refusal to enforce the school's ID badge policy against students. The Board ordered Randolph County to reinstate Hudok with full back pay and benefits, plus interest, and to expunge his suspension and termination from personnel records.

For safety and security reasons, Randolph County Schools initiated a mandatory ID badge policy in November 1998 for students and teachers. The ID badge contains name, photo and an assigned bar code number. Hudok, because of his sincerely held religious beliefs against "the numbering of God's people" and the wearing of the "mark of the Beast," requested an exemption from having the bar code on his ID tag and from having to compel his students to wear their ID tags in his classroom. The principal of Elkins High School permitted Hudok to wear an ID badge without the bar code, however, the school refused to accommodate Hudok's conviction that he could not force students to wear the tag.

On January 4, 1999, Hudok was given an ultimatum to enforce the ID policy or face disciplinary action, including possible termination. Hudok refused on religious grounds and was consequently fired for insubordination and willful neglect of duty. Hudok's attorney, Rutherford Institute affiliate Frank Bush filed a grievance to challenge the dismissal.

"The administrative judge recognized what the school failed to see," commented Rutherford Institute staff attorney Kim Gilmer. "Forcing others to participate in a program that he views as evil and immoral is just as great a burden to Hudok's religion as his own participation in the program."


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