Judge Orders Reinstatement of Counselor Fired for Discrimination Against LGBTQ Students

An administrative judge has ordered the Amherst Regional Public Schools (ARPS) to immediately reinstate with back wages, former school assessment counselor and former interim middle school principal Delinda Dykes, who had been fired in 2023 amid charges that she had discriminated against LGBTQ students.  The reinstatement order stated that the district had violated Mass General Law Chapter 71 section 42 which covers dismissal of public school employees. The district has not reported which aspects of that statute were violated and the Indy has filed a records request for that information.

That dismissal was part of a tumultuous year at the middle school (2023), where charges of extensive bullying of LGBTQIA+ students by both students and staff  (see also here and here) were confirmed by subsequent Title IX and non-Title IX investigations that faulted the district for failing to protect students from harm and for protecting perpetrators of that harm. Dykes and colleagues Hector Santos and Tania Cabrera were accused of purposefully misgendering students, failing to support students who were being bullied, refusing to counsel non-binary students, disparaging gay and transgender students, and holding prayer meetings with students in which students were encouraged to abandon their gay/trans identities.

Gay and transgender students and their caregivers reported significant distress that led to depression, suicidal thoughts, post-traumatic stress disorder (PTSD), and school withdrawal. 

In the wake of that scandal, then-Superintendent Mike Morris and five members of the Regional School Committee resigned.(see here, here, here, here and here).  Assistant Superintendent Doreen Cunningham was placed on administrative leave in May of 2023, and subsequently left district employment (see here and here). Dykes, Santos, and Cabrera were placed on leave at the same time as Cunningham. All subsequently left the district. Dykes, Santos, and Cabrera denied the allegations in the Title IX and non-Title IX reports. Cabrera has an active lawsuit against the district charging  that she and the other counselors were targeted by colleagues and administrators due to their Christian beliefs and 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.

Superintendent Responds
Current Superintendent Dr. E. Xiomara Herman (Dr. Xi), who began her tenure with the district on July 1, 2024 amid community expectations that she would address persistent concerns about student safety and bullying, noted that while this matter predates her arrival, she has spent time thoroughly reviewing the arbitrator’s findings. She said:

 “There are lessons to be learned.” The decision made clear that certain procedural deficiencies contributed to the outcome—including the lack of documented progressive discipline, limited evidentiary records, and the absence of key witnesses during arbitration, despite their participation in the original 2023 investigation.This moment is not just about compliance—it is a call to action,” 

“We cannot change the past, but we can and must learn from it. We will use this moment to build stronger systems, reset expectations, tighten guardrails, and create clearer pathways forward. 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,” she said.

She concluded :
“ While the district is legally obligated to reinstate Ms. Dykes, the broader district commitment to student-centered, inclusive, and values-driven education has not shifted. In fact,it has only grown stronger.”

“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.”

Dr. Xi reported that she does not know whether Dykes plans to return to ARPS. 

Community Reacts
The prospect of Dykes returning to ARPS has caused distress and anger among Amherst caregivers and especially within the LGBTQIA+ community.  The town’s Ad Hoc LGBTQIA+ Caucus, which mobilized action in defense of LGBTQIA+ students during the 2023 crisis, issued the following statement:

“The Ad Hoc LGBTQIA+ Caucus of Amherst is outraged and deeply concerned to hear that  Delinda Dykes is being reinstated in her position at ARPS. No employee who, according to the investigative report released by the district, repeatedly misgendered and deadnamed students and held prayer circles in a school building to pray  “In the name of Jesus we bind that LGBTQ gay demon that wants to confuse our children” should be allowed anywhere near students ever again. These actions caused significant harm to LGBTQIA+ students and the message it sends to the community to have this counselor back in the school is devastating. We are calling upon the ARPS administration for transparency about how this could possibly have happened, and for a path forward that protects LGBTQIA+ students. “The caucus has organized a protest of Dykes’ reinstatement and the district’s failure to create a safe learning environment for LGBTQIA+ students to be held at the next Regional School Committee meeting on Tuesday July 22, beginning at 5:45 p.m. in the Amherst Regional High School Library.  More information here.