4 days ago
Embattled WMass school guidance counselor declares her innocence in face of ‘false allegations'
AMHERST – The new year at Amherst Regional Middle School will see both the return of a controversial guidance counselor and a legal challenge of the decision that reversed her firing.
Delinda Dykes was dismissed Nov. 13, 2023, on the grounds that she had misgendered students and made inappropriate comments about gender and sexual orientation.
Her firing was overturned last month in an arbitration process. The arbitrator, Eileen A. Cenci, found that the Amherst-Pelham Regional School District violated state law in finding that Dykes had engaged in conduct unbecoming a teacher.
In measured words in a July 7 report, Cenci said, 'I am unable to conclude that she would be unable, with proper supervision, to work effectively in the best interests of all students ….'
On Wednesday, the district said it had appealed Cenci's finding.
Dykes said in a statement she believes she continues to be the subject of 'false and harmful allegations.'
'Let me be clear, I am innocent,' she said in the statement, while declining further comment. 'I deeply share everyone's concern about the safety and well-being of all students, including those who identify as LGBTQIA+ and I will never waver from my commitment to help all students.'
Dykes said she looks forward to getting back to work at the middle school.
Citing what she called 'strong reaction' from some to the arbitration outcome, Dykes authorized the release of Cenci's decision, saying it would help inform the public on evidence presented during three hearings in February and March before the arbitrator.
'I was very pleased with this decision, which found not only that I did not receive due process in my termination, but more importantly that the 'evidence' of the charges against me was insufficient and that it is in the best interest of the students for me to return to my job.'
The arbitrator's decision differs sharply from the conclusion reached by Edward Mitnick, the attorney hired by the district in 2023 to conduct a Title IX investigation into allegations against Dykes.
Mitnick interviewed 40 witnesses and, in a 65-page report, found 'sufficient credible evidence … to support the allegation that Delinda Dykes engaged in offensive conduct in violation of ARM'S Title IX Policy.'
Mitnick found that Dykes 'engaged in severe, pervasive, and objectively offensive unwelcome conduct by repeatedly misgendering students as well as making offensive and inappropriate comments related to gender and sexual orientation.'
In her decision, Cenci said she had to contend with a 'vast gulf between the accusations against Ms. Dykes, and the actual evidence presented at arbitration ….'
Cenci said Dykes was denied due process by not being given a full enough explanation of the grounds that Principal Talib Sadiq used to fire her. For example, she was not provided the names of students who were misgendered, Cenci wrote, or when and where that conduct took place.
Cenci said the fact that Sadiq did not testify for the arbitration process left her unable to assess the grounds for his finding that she had engaged 'in conduct unbecoming a teacher.'
As arbitrator, it fell to Cenci to weigh whether allowing Dykes to return to work was in the best interests of students. She acknowledges that the community had been 'outraged' by allegations against Dykes, in part as a result of a story in The Graphic, the student newspaper at the high school, as well as by Mitnick's Title IX report.
'It is only the proven allegations against Ms. Dykes, which have been considered in the current arbitration proceeding, and it is only her conduct that should be of concern to the community if she is returned to her previous employment,' Cenci wrote.
On that point, Cenci says she gathered 'substantial' evidence that Dykes 'cared about the LGBTQ+ students assigned to her, and worked to improve their school experience, despite some misgendering and missteps in communication.'
Determining what's best for children, district officials said in a statement Wednesday, is their goal as well.
'Every decision we make must be rooted in what's best for children,' Superintendent E. Xiomara Herman said in the statement. For the district, that means fighting to reverse Dykes' return. The Regional School Committee voted unanimously July 29 to appeal Cenci's decision.
'This appeal is one step toward doing right by our students by ensuring that the systems our staff and students rely on are aligned with our district values,' Herman wrote.
Read the original article on MassLive.
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