A Del Norte High School softball player has filed a lawsuit furthering allegations that Poway Unified School District Superintendent Marian Phelps bullied and intimidated her and other players during the 2022-23 season because of a perceived rivalry with Phelps' daughter, who was also on the team.
The 93-page lawsuit was filed by Jane Doe, an unnamed Del Norte softball pitcher, and her father against PUSD, Phelps and several other district and school employees, claiming violation of free speech, emotional distress, harassment and more.
It alleges Phelps orchestrated an internal investigation of the plaintiff, who Phelps accused of bullying her daughter — the two players were both pitchers and competed for playing time. The plaintiff believes the investigation was meant to prevent her from pitching or playing softball altogether, according to the lawsuit. Jane Doe was ultimately barred from all extracurricular activities in the 2023-2024 school year, including sports, school-sponsored social events and graduation commencement.
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A school district spokesperson sent NBC 7 the following statement regarding the lawsuit on Tuesday.
"PUSD has not been served yet with the lawsuit, but we would be unable to comment publicly on existing litigation," chief communications officer Christine Paik said.
Phelps has previously denied the claims and has not released a statement in response to the lawsuit. A statement from Phelps to parents in mid-November addressed the accusations.
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"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," the statement said.
The lawsuit is the latest blow to Phelps, who was recently the target of calls for disciplinary action by dozens of parents at a PUSD board meeting in mid-November. The board did not take action against Phelps but did decide to launch an investigation into the softball program.
According to parent and student allegations, the bullying started after a team banquet in May. They said Phelps was not happy with the amount of applause her daughter received after winning an award and believed it was a coordinated act of bullying from the plaintiff and other team members.
The lawsuit includes screenshots of text messages between Phelps and the plaintiff, time-stamped at around 11:04 p.m., arranging a phone call. Another screenshot shows the plaintiff's call screen showing their conversation running at least 32 minutes to 11:40 p.m.
"She just went overboard and she just kind of crossed the line here," Del Norte JV softball coach Alan Stockton said. He was at the May banquet and said he's not surprised by the claims made in the suit. "It's on target. And it's just a shame that nobody will stand up to her and get this handled. Everybody's scared of her."
It also included screenshots of alleged posts made by Phelps on her public Instagram account, which the lawsuit characterizes as bullying.
"Don’t make excuses for horrible people. You can’t put a flower in an asshole and call it a vase," read one post.
“Haters don’t really hate you. They hate themselves, because you’re a reflection of what they wish to be," read another.
Parents also accused Phelps and other Del Norte High School leaders of threatening to revoke other senior players' graduation ceremony privileges if they didn't cooperate with the school's investigation.
In an earlier statement, Phelps said, “I've never threatened any student. I never would. I've never talked to any student about making threats about them not graduating. All those accusations are completely false and fabricated.”
During the meeting, Phelps' daughter Jessica told the board during a public comment period that she was the target of bullying and criticized the coaching staff.
“This was never about not getting enough applause at a softball banquet. Rather, this is about having to endure being bullied, being yelled at in front of my teammates, and publicly humiliated and targeted for months leading up to and including the softball banquet."
Discipline against the plaintiff came after she refused to sign an "Other Means of Correction Contract" that was offered as an alternative to punishment, according to an email sent to the plaintiff by the school's principal.
"The OMCC mandated signatures from both Plaintiff and her parents, requiring them to admit to and acknowledge acts she did not commit," the lawsuit said.
