Massachusetts school ordered to reinstate counselor it fired for 'misgendering' trans students

Daily Mail​

2 days ago

A Massachusetts school counselor has won a wrongful termination appeal and is set to be reinstated after she was accused of 'misgendering' transgender students.
Delinda Dykes was permitted to reassume her position at Amherst Regional Middle School ahead of the school year after an arbitration decision that found a third-party investigation cited insufficient evidence to support her termination.
Superintendent Dr E Xiomara Herman confirmed the arbitration decision on July 16, writing that the district had been ordered 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 said that the district was required by law to comply with the ruling and was working with Dykes' representation.
Dykes was fired in 2023 after a parent submitted a complaint stating that she, 'engaged in transphobic and harassing behavior based on the child's gender identity and gender expression,' according a report into the incident compiled by a third-party lawyer.
The report cited an interview with a teacher at the school who claimed that Dykes was disrespectful to a transgender student when they met with her for a schedule change.
Dykes allegedly misgendered the student and when they informed her they used he/him pronouns she 'did not respond respectfully.'
When Dykes was told to participate in training on gender identity, the requests allegedly 'went nowhere.'
The report also cited prayer circles before the school day that Dykes and another counselor, Hector Santos, led.
One student reported that during these sessions, Dykes made an offensive, homophobic comment about a 'gay demon.'
A secretary at the school told the student newspaper, The Graphic, at the time that Dykes and Santos invited him to a 'private prayer circle' before school.'
Dykes began the prayer with, 'In the name of Jesus, we bind that gay demon that wants to confuse our children.'
The 2023 investigation also accused Dykes of making inappropriate racial comments to staff, including statements about a 'race war' on campus.
One employee said Dykes told her: 'You need to pick a side and stop drinking Kool-Aid like Jim Jones.'
The accusations created tense divisions in the school district, with community members claiming the backlash against Dykes and Santos was racially motivated.
Dykes also faced accusations of failing to properly address bullying instances against transgender and nonbinary students.
The controversy surrounding the district led union members to question the leadership under Superintendent Michael Morris and Assistant Superintendent Doreen Cunningham.
In a letter sent on May 13, 2023, to the Amherst Regional School Committee, staff members expressed a 'lack of confidence in our district leadership.'
The letter accused Morris of failing to supervise district offices, failing to deal with complaints of anti-LGBTQIA+ behavior from staff, which they allege created an unsafe environment for the children, and failing to collaborate with staff to support positive leadership.
Morris announced in May that he would be taking a 'temporary leave' and Dr Herman assumed the position the following July, the Boston Globe reported.
In a statement, Herman said that although the controversy occurred before her tenure she would work to 'build stronger systems' because the district was legally obligated to reinstate Dykes.
'I ask our community to join me in moving forward with both accountability and care. Our students are watching how we lead,' she said.
'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.'
Dykes' reinstatement has caused an uproar among parents and community members of Amherst.
Jill Brevik, a resident of the town and parent of a transgender child, told the Boston Globe: 'How can someone with this depth of bigotry be returned to a role of authority and trust over vulnerable children?
'Especially if there's no apology and no recognition of wrongdoing or reconciliation with everybody that has been harmed.'
Laura Jane Hunter echoed a similar sentiment, calling for the administration to give Dykes a role that doesn't allow her to interact with students.
The ruling also prompted demonstrations outside the school.
Daily Mail reached out to Dykes' representation for comment. Her lawyer, Ryan McLane, told the Boston Globe in 2023 that his clients didn't violate Title IX.
'They are Christians, but that does not mean that they are somehow not entitled to a fair investigation. While the law prohibits discrimination based on sex, it also prohibits discrimination based on religious beliefs.'