POWAY, Calif. — In a new lawsuit, a softball player at Del Norte High School in Poway and her family say Poway Superintendent Marian Phelps launched an in-depth investigation into her and threatened to kick her off the team for conspiring with teammates to not clap for Phelps' daughter at a softball banquet in May 2023.
In the lawsuit, the student, known only by Jane Doe, says Phelps targeted her and other teammates just hours after the Del Norte High School Softball banquet.
According to the lawsuit, it was during the banquet, that Phelps' daughter was honored but did not receive the same level of applause as some of the other players did when they were recognized.
The lawsuit includes screenshots of text messages that Phelps sent just after 11 p.m. on the night of the banquet to one of the players, asking if the student was free to talk on the phone. Another screenshot shows that the superintendent and the student were on the phone for more than 30 minutes discussing the matter.
In later text messages sent the following week, the student apologized to Phelps for the perceived slight to her daughter while denying there was any ill will or plans to bully her.
Phelps, however, dismissed the student's attempt to move forward.
"Unfortunately, it greatly differs from what you shared with me that same evening," wrote Phelps. "I think at this point some are trying to cover up their poor behavior and are not being truthful. But it is what it is and we will follow up on our end from an administrative standpoint."
According to the lawsuit, Phelps ordered school administrators to investigate allegations that members of the Del Norte High School Softball Team had bullied her daughter.
More than a month later, in July, Del Norte High Principal Ty Eveleth concluded that Jane Doe had "borderline" bullied Phelps' daughter at the banquet. As punishment, according to the lawsuit, Eveleth requested that Jane Doe as well as her teammates sign a document acknowledging their quest to bully Phelps' daughter.
The players were told they had 16 hours to sign the document or they would be banned from participating in any extracurricular activities at school.
On August 15, Del Norte High Principal Eveleth sent a letter to Jane Doe's family informing them that their daughter was "precluded" from participating in not only extracurricular sports but would also be banned from "social, athletic, and recreational activities and events, and commencement activities."
In the lawsuit, Jane Doe and her family say that the superintendent's behavior deprived her of her First Amendment Rights as well as accused the superintendent and the district of harassment, negligence, and violating several state education laws.
CBS 8 reached out to Poway Unified for comment on the lawsuit. A spokesperson for the district said Poway Unified had not yet been served.
On November 15, Phelps issued the following statement on the allegations against her.
"Some of you may be aware that during public comments at last week’s Board meeting, a small group of people made allegations that I had threatened students and abused my power following a softball banquet. I was extremely saddened and shocked by the accusations. The commenters made multiple statements that were false yet damaging as they were being spread online, and I appreciate the supportive messages from many of you. While I was not able to respond directly at last week’s board meeting due to public meeting restrictions, as the Superintendent of PUSD, I want you to assure you that the allegations are untrue and provide you with the facts directly:
- Never at any time have I made threats towards any student nor tried to prevent them from graduating.
- Never at any time did I fire a coach.
- Never at any time did I leverage my position as Superintendent to interfere with the school’s investigation nor did I ask the school to initiate one.
- An investigation into a student’s repeated behaviors against my daughter leading up to, including, and following the softball banquet was initiated by Del Norte High School.
- The school conducted a thorough investigation which included interviews with multiple students and witnesses, and appropriate measures were implemented by the school."