AMHERST — Despite community members registering strong objections to her reinstatement at a Regional School Committee meeting last week, a former counselor accused of anti-trans behavior at the Amherst Regional Middle School and terminated for making inappropriate comments related to gender and sexual orientation, intends to be back working in the building this fall.
“I deeply share everyone’s concern about the safety and well-being of all students, including those who identify as LGBTQIA+, and I will never waver in my commitment to help all students,” Delinda Dykes said in a statement issued Wednesday by her attorney, James A.W. Shaw of Segal Roitman, LLP, of Boston. “I look forward to returning to Amherst Regional Middle School this school year.”
An arbitrator recently ruled in favor of Dykes that she was improperly fired from her position as a school counselor, that due process had been violated and that the threshold of “conduct unbecoming a teacher” had not been met, even with allegations of repeatedly misgendering students and promoting her religious beliefs.
Dykes’ statement, which accompanied the 30-page decision by the arbitrator on July 7, came just over a week after parents, students and others demanded that Superintendent E. Xiomara Herman not allow Dykes to return to her position, and that she not be put in any student-facing position or have any interaction with students.
During that meeting, Herman said she is working to ensure the district has systems in place to lead with love, transparency and a relentless focus on student well being and the district’s Human Resources described measures of progressive discipline for teachers and staff members. The School Committee also began crafting a new policy aimed at protecting LGBTQIA+ students that will be more explicit about how teachers interact with students.
But there has not yet been a response from school officials about how they intend to comply with the arbitrator’s decision and whether Dykes will be in the same role she previously occupied. The Regional School Committee met in executive session Tuesday to handle collective bargaining or litigation with Dykes.
In the decision, arbitrator Eileen A. Cenci wrote that a significant amount of time elapsed between Dykes’ actions and the allegations being brought before school leaders, with some of the accusations remaining unverified despite input from witnesses.
“Given the vast gulf between the accusations against Ms. Dykes, and the actual evidence presented at arbitration, I am unable to conclude that she would be unable, with proper supervision, to work effectively in the best interests of all students in the Amherst-Pelham School District,” Cenci wrote.
The Title IX investigation started when a parent brought forward a complaint in April 2023, which was followed by an article in The Graphic student newspaper that spring covering the alleged anti-trans actions by Dykes and other counselors.
In December 2023, following protests outside the superintendent’s office and a resignation of the superintendent at the time, Principal Talib Sadiq terminated Dykes’ employment, writing that “you repeatedly misgendered students although having been corrected on numerous occasions” and “you made inappropriate comments related to gender and sexual orientation.”
But Cenci wrote that her actions didn’t rise to the level of a fireable offense and that leaders never informed Dykes of the various problems, and that she had actually shown compassion for students, such as being faculty advisor to the ALANA group, for African, Latina, Asian and Native American students.
“There is substantial evidence that Ms. Dykes cared about the LBGTQ+ students assigned to her, and worked to improve their school experience, despite some misgendering and missteps in communication,” Cenci wrote. “She served as faculty advisor for the ALANA, and she worked with that group and others to create an inclusive environment, including organizing Kindness Lunches for students who might feel marginalized. She created a safe space for children who felt bullied or overwhelmed, where they could come and get away from things that were troubling them for a while. She also worked on the Sixth Grade Step-Up program, which assisted students transitioning to the middle school.
In her statement, Dykes said she is aware of the strong reaction the arbitrator’s decision has caused.
“I was very pleased with this decision, which found not only that I did not receive due process in my termination, but more importantly that the ‘evidence’ of the charges against me was insufficient and that it is in the best interest of the students for me to return to my job,” Dykes said.
“I maintained my innocence throughout this entire process, and I believe this decision is a start in the process of my full vindication,” Dykes added. “Many have continued to make false and harmful allegations about me. Let me be clear, I am innocent.”
Scott Merzbach can be reached at smerzbach@gazettenet.com.
