Former counselor sues Amherst-Pelham school district, adding to complaints in wake of Title IX investigations

Amherst Regional High School students march to the middle school in May 2023 in support of LGBTQIA+ students.

Amherst Regional High School students march to the middle school in May 2023 in support of LGBTQIA+ students. gazette file photo

By SCOTT MERZBACH

Staff Writer

Published: 08-20-2024 7:10 PM

Modified: 08-20-2024 7:32 PM


AMHERST — A federal lawsuit brought against the Amherst-Pelham Regional school district, as well as several current and former staff members, by a former middle school counselor contends that she and other counselors were targeted by colleagues and administrators due to their Christian beliefs.

In a lawsuit filed in U.S. District Court in Springfield on July 11, one of at least three that the district along with current and former employees are facing, Tania Cabrera of Springfield is demanding money and punitive damages and a jury trial, arguing that she faced religious discrimination, retaliation, violation of equal protection under the Fourteenth Amendment, defamation, and violation of the free exercise clause under the First Amendment.

Cabrera’s lawsuit stems from being one of the three counselors at Amherst Regional Middle School who faced complaints, originally outlined in an article in The Graphic student newspaper, about improper actions, including intentional misgendering of students. All three were cleared of violations of the federal Title IX law in response to complaints received by the district, with determinations that they didn’t deny any student equal access to the district’s educational programs or activities.

Cabrera’s lawsuit, filed by Ryan McLane, a Feeding Hills attorney, states that the district has religious hostility and its “policies, practices and actions are irrational and unreasonable, and impose irrational and unjustifiable restrictions on the constitutionally protected practice of religion.”

Cabrera, along with Hector Santos and Delinda Dykes, were placed on paid leave and had been targeted because they were practicing Christians, the lawsuit states. It highlights a meeting in December 2022 at which Santos and Dykes were critical of a presentation that sexual harassment of transgender students was a “unique and imminent problem” at the school. Cabrera claims in the lawsuit that confrontation in turn led to false accusations being made against them of practicing conversion therapy on transgender students.

In addition to the regional school district, those named in the lawsuit include former Superintendent Michael Morris, Diego Sharon, the former middle school principal, Sara Barber-Just, teacher and adviser to The Graphic, Title IX Coordinator Marta Guevara, nurse Celia Maysles, who led a Student Support Team group, and Julie Woynar, who staffed a drop-in room for students.

The lawsuit states that Barber-Just “orchestrated a hit piece” printed in the school newspaper that including defamatory statements, and that Sharon used content of that article for an inaccurate performance review of her work at the schools. The lawsuit also accuses Guevara of “gathering witnesses to try to disparage” Cabrera and her colleagues

Maysles is named in the lawsuit because she allegedly encouraged examples of intentional misgendering to be discussed at the Student Support Team meetings, and that both she and Woynar stated that such behavior was routine, which Cabrera denies.

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In-depth Title IX investigations and other related reviews were completed by Edward Mitnick, CEO of Just Training Solutions in Springfield, whose reports showed 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.

Cabrera was the lone educator cleared in those reports that looked into whether they had not intervened to stop bullying of trans students and had brought prayer into the school. Though she did state to a transgender student, “you used to be your father’s little girl,” her apparent repeated misgendering of a student came to light when she self-reported that to administrators.

Other lawsuits

Other federal lawsuits include one filed in late July by Doreen Reyes, the former assistant superintendent for diversity, equity and human resources who was previously known as Doreen Cunningham. She was placed on administrative leave pending the investigations into gender-based discrimination and left district employment last October. She was at the center of The Graphic article, in part, because she was responsible for hiring the middle school counselors, and was believed to be friends with them.

Her federal lawsuit is against the district, Morris and Interim Superintendent Douglas Slaughter by Amherst attorney Peter Vickery

Reyes’ complaint includes discrimination by race, discrimination by gender, discrimination by religion, as well as breach of contract against the district, tortious interference with business relations against Morris and Slaughter Reyes is seeking jury trial and is demanding back and front pay and punitive damages.

Superintendent E. Xiomara Herman wrote in an email that the district has no comment on the lawsuits filed by Cabrera and Reyes at this time.

“However, please be assured that the district is committed to working with all parties involved to ensure that a fair and just outcome is achieved,” Herman wrote.

The third lawsuit was filed by teacher and counselor Lamikco Magee last spring. Her 13-count lawsuit alleges that she, as an African American woman, was harassed and defamed, including being retaliated against for advocating for marginalized students experiencing discrimination in the public school system and was also targeted with retaliation for filing grievances and challenging unfair labor practices.

Her complaints were made against both the district, as well as Morris, Reyes and Slaughter, for their actions over a period beginning on Oct. 13, 2022, when Magee complained about or objected to what she saw as discriminatory conduct in the school.

Both Reyes and Magee have also filed Massachusetts Commission Against Discrimination complaints against the district.

Scott Merzbach can be reached at smerzbach@gazettenet.com.