AMHERST — A Hampshire Superior Court lawsuit filed by the Amherst-Pelham Regional School District aims to overturn an arbitrator’s decision reinstating a middle school counselor fired for repeatedly misgendering students and making inappropriate comments related to gender and sexual orientation.
Nearly a month after an arbitrator ruled in favor of Delinda Dykes, ordering that she was wrongfully terminated in November 2023 following a Title IX investigation, the district on Wednesday officially requested court intervention to vacate the decision, following a unanimous vote by the Regional School Committee at its July 29 meeting.
“The Regional School Committee remains deeply committed to creating a safe, supportive, and equitable learning environment for all children,” said Sarahbess Kenney, of Pelham, who chairs the committee, explaining the reasoning for pursuing a legal remedy. “This decision reflects that commitment and our duty to uphold the values of our school communities.”
Superintendent E. Xiomara Herman said filing a lawsuit that the arbitrator exceeded her authority is rooted in efforts to pursue what is best for children.
“This appeal is one step toward doing right by our students by ensuring that the systems our staff and students rely on are aligned with our district values,” Herman said. “We recognize that parts of our system may need to improve, and we’re committed to doing that work with children at the center of every action we take.”
Dykes’ attorney, James Shaw, with Segal Roitman, LLP of Boston, said the district’s appeal is completely without merit.
“This is nothing more than a stall tactic, and we fully expect the Superior Court to apply longstanding and well-established law by upholding the arbitrator’s thoughtful and well-reasoned decision,” Shaw said.
A Title IX investigation two years ago revealed that school leaders failed to adequately protect LGBTQ+ students from bullying and harassment by classmates and staff members and allowed offensive conduct by at least one employee to continue despite multiple complaints. But a later determination was made, revealing Dykes and two other counselors didn’t deny any student equal access to the district’s educational programs or activities.
Dykes exercised her legal right to challenge her dismissal through arbitration, a process afforded employees under Massachusetts General Law, Chapter 71, Section 42, when they believe they are unjustly fired. The arbitrator ordered the district to: “Rescind the termination of Delinda Dykes, to immediately reinstate her to her position, and to restore all wages and benefits she would have received but for the wrongful termination, less interim earnings.”
Dykes issued a statement in late July maintaining her innocence and that the arbitrator’s decision vindicated her, as she contends false and harmful allegations continue to be made.
“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.
She went on to say, “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.”
The 15-page lawsuit, filed by Marc L. Terry of Mirick O’Connell of Westborough, states that the ruling by Eileen A. Cenci was incorrect, coming after a three-day hearing before her in February and March.
“The arbitrator exceeded her powers in issuing this award, as the award violates the well-established public policy of Massachusetts, which protects individuals from discrimination or harassment on the basis of gender, gender identity or expression, and sexual orientation. Accordingly, the award must be vacated.”
While the lawsuit recounts many of the incidents that led to the decision by Principal Talib Sadiq to issue Dykes a termination letter, it specifically cites various documents that educators must abide by, including one titled “Staff Boundaries: Essential Reminders about Employment Expectations While Working with Students and Others” and district policies, such as Policy AC, “Commitment to Nondiscrimination and Educational Equity” and Policy AСС, “Harassment Prevention; Standards of Conduct.”
Even though the arbitrator said it’s in the best interests of pupils for Dykes to return, the lawsuit points out that the arbitrator acknowledged that Dykes did “make mistakes” and would require “proper supervision” if allowed to return to her guidance counselor role.
Scott Merzbach can be reached at smerzbach@gazettenet.com.
