AMHERST, MA (FRANKLIN COUNTY NOW) — Amherst Regional Middle School guidance counselor Delinda Dykes will be reinstated after appealing her 2023 termination following a misgendering accusation. Superintendent Dr. E Xiomara Herman, who came into her position after the termination of Dykes, issued a statement asking the community to “hold space for understanding, not division” in this time and to move forward with “accountability and care.”
From Amherst-Pelham Regional School District:
Superintendent Issues Statement Regarding Arbitration Decision and
Commitment to Systemic Improvement
FOR IMMEDIATE RELEASE
July 16, 2025
Amherst, MA – Superintendent Dr. E. Xiomara Herman today issued a public statement to provide an update on a matter stemming from the 2022–2023 school year. In the spirit of transparency and respect for the public trust we hold as a school district, she shared that the outcome of an arbitration case involving former guidance counselor Ms. Delinda Dykes has resulted in a ruling against the district.
“As many of you are aware,” Dr. Herman stated, “Ms. Delinda Dykes, a former guidance counselor, ceased to be employed by the district following the completion of an investigation conducted by Attorney Ed Mitnick in 2023. That report, prompted by allegations of misgendering students, ultimately led to her dismissal from employment.”
Following her separation, Ms. Dykes exercised her legal right to challenge this decision through arbitration, a process afforded to employees under Massachusetts General Law when they believe they were unjustly dismissed. That process has now concluded.
The arbitrator ruled that the district violated G.L. c. 71 § 42 in its decision to dismiss Ms. Dykes. Specifically, 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.”
As per the law, the district must comply with this ruling. The district’s legal counsel is working directly with Ms. Dykes’ attorneys to ensure the order is implemented in a manner consistent with both the decision and the law.
Dr. Herman noted that while this matter predates her arrival, she has spent time thoroughly reviewing the arbitrator’s findings. She stated, “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,” said Dr. Herman.As Superintendent, Dr. Herman takes seriously her responsibility to ensure that the districts operate with integrity, fairness, and clarity. When Dr. Herman entered her role as
Superintendent on July 1, 2024, her initial steps were to clarify governance structures, reinforce district-wide guidelines, ensure leadership accountability, and strengthen our systems of due process. As she illuminated in her entry plan and as highlighted by the outcomes of this arbitration, this work is both urgent and necessary.
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 risk, both legally and morally. This is not just about legal compliance; it’s about building a school system where expectations are clear, where adult actions are documented and supported by due process, and where every decision is made in service of the district’s core values.
“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,” said Dr. Herman.
Given the community’s response when the incidents first came to light, Dr. Herman acknowledges that this news may raise a range of emotions and concerns across the community.
She asks that the community hold space for understanding, not division, recognizing the complexity of the moment and the importance of moving forward with both care and accountability. 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.
“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.” – Dr. E. Xiomara Herman
Dr. Herman added: “I ask our community to join me in moving forward with both accountability and care. 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.”
For media inquiries, please contact:
Office of the Superintendent
Amherst-Pelham Regional School District
Email: officeofthesuperintendent@arps.org