AMHERST — A former guidance counselor at the Amherst Regional Middle School, removed from her position for alleged anti-trans actions during the 2022-2023 school year, was wrongfully terminated and must be reinstated to her previous role, according to a ruling by an arbitrator.
In her continued efforts to be transparent and to show respect for public trust, Superintendent E. Xiomara Herman announced Wednesday the decision made against the district, meaning that Delinda Dykes must be rehired after previously being dismissed following an in-depth Title IX investigation revealing she intentionally misgendered students.
For Herman, the arbitrator’s ruling shows that certain procedural deficiencies contributed to the outcome, including the lack of documented progressive discipline and limited evidentiary records, as well as the absence of key witnesses during arbitration, even though those individuals had participated in the original investigation.
“We will use this moment to build stronger systems, reset expectations, tighten guardrails and create clearer pathways forward,” Herman said in a statement. “This is an opportunity to improve how we lead, how we document and how we ensure accountability.”
“Our students deserve a school system that not only protects but celebrates their identities, and is grounded in clarity, equity and care,” Herman added.
Dykes was one of three counselors, along with Tania Cabrera and Hector Santos, who were at the center of an in-depth article in The Graphic, the student newspaper at the high school, that recounted allegations of their inappropriate actions, including a prayer session led by Dykes and Santos and an alleged homophobic comment in which she stated, “in the name of Jesus we pray that the LGBTQ gay demon that wants to attach and confuse these kids to leave this school now.”
The Title IX investigation 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. Mitnick also looked into whether the counselors had not intervened to stop bullying of trans students and had brought prayer into the school.
Cabrera, who is no longer with the district, was the lone educator cleared in those reports. Santos is also no longer with the district.
All three counselors were later cleared of violations of the federal Title IX law, with determinations that they didn’t deny any student equal access to the district’s educational programs or activities.
Last July, Cabrera filed a federal lawsuit in U.S. District Court in Springfield against the Amherst-Pelham Regional school district, as well as several current and former staff members, contending that she and the other counselors were targeted by colleagues and administrators due to their Christian beliefs. That still-active lawsuit demands money and punitive damages and a jury trial, arguing that Cabrera faced religious discrimination, retaliation, violation of equal protection under the Fourteenth Amendment, defamation, and violation of the free exercise clause under the First Amendment.
Following her separation from the district, Dykes exercised her legal right to challenge the decision through arbitration, a process afforded employees under Massachusetts General Law, Chapter 71, Section 42, when they believe they are unjustly dismissed. 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.”
Herman explained that the district’s attorney is working with the attorneys for Dykes to comply with the decision.
While all of these matters occurred before she began her tenure in July 2024, Herman called the findings by the arbitrator a lesson to be learned and a call to action. In her time as superintendent, Herman said she has ensured that the district operate with integrity, fairness and clarity. It is also why some of her initial steps were taken to clarify governance structures, reinforce districtwide guidelines, ensure leadership accountability, and strengthen systems of due process.
She said when a system’s guidelines, procedures and practices are not codified or implemented in a standard and consistent manner, students, staff, and the district are placed at legal and moral risk.
“We are working to build systems that are transparent, ensure accountability, and grounded in equity — not only for our students, but also for our educators and the broader community,” Herman said.
Understanding that there is likely to be a range of emotions and concerns across the community due to the arbitrator’s decision, Herman said she is asking that people hold space for understanding and not division, recognize the complexity of the moment and the importance of moving forward with care and accountability. The district, she said, remains committed to student-centered, inclusive, and values-driven education.
“I ask our community to join me in moving forward with both accountability and care,” Herman said. “Our students are watching how we lead. Let us show them that leadership means learning, improving, and staying grounded in our shared commitment to a school system worthy of their trust. While we are complying fully with the legal requirements outlined in the arbitration ruling, our long-term focus remains on building systems that reflect our values, protect our students, and holds us all to a high standard of professional conduct.”
Scott Merzbach can be reached at smerzbach@gazettenet.com.
