NBC 7 heard on Thursday from Marian Kim Phelps' attorney Gregory Rolen, who confirmed that he planned on filing a lawsuit on behalf of his client "shortly." He also sent along the following statement: "They knew what they were doing was wrong and they did it anyway. That’s what happens when adult politics poison a school environment”m — Ed.
The Poway Unified superintendent who was dismissed by the district earlier this year is fighting back.
Marian Kim Phelps was fired in late April following an investigation into bullying claims launched last year after parents and students accused Phelps of harassing members of Del Norte High's softball team for not clapping loudly enough for her daughter during an awards ceremony.
In a petition filed in court on May 30, Phelps and her legal team are seeking injunctive relief to overturn her dismissal and also to prevent the release of the Poway School Board's Notice of Intent to Terminate Petitioner’s Employment Agreement for Cause, citing privacy concerns.
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Poway Unified and Its Embattled Superintendent
Elsewhere in the petition, Phelps maintains that it was her daughter, not other students, who was bullied and claims that a preliminary investigation conducted by a Del Norte High School assistant principal and its athletic director ended with a conclusion that a teammate of the superintendent's daughter "had engaged in bullying and harassing
behavior toward [the superintendent's daughter] and violated the rules set forth in the Del Norte Athletic Handbook."
Phelps alleges that the teammate's "bullying, intimidation and harassment of [the superintendent's daughter] never ceased."
It is also Phelps' position that she was denied due process in her termination, saying she met with district counsel Ellen Wu for more than six hours on Jan. 31, during which the pair never discussed the allegations resulting in her dismissal. Then the following day, the petition alleges, Wu went into a closed session with the board, after which Wu handed Phelps a "a pre-prepared Notice of Paid Administrative Leave on District letterhead."
Two months later, on April 23, Phelps was served with a Notice of Intent to Terminate Employment Agreement for Cause, citing:
- Material breach of Employment Agreement
- Neglect of duty under Employment Agreement
- Immoral Conduct
- Unprofessional Conduct
- Dishonesty
- Evident unfitness for service and
- Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of public schools by the state board or by the governing board of the school’s district
However, Phelps challenged the Notice of Intent and on April 29, submitted a legal brief to the board arguing that her conduct "was insufficient legal grounds for termination as well as being factually inaccurate."
Nevertheless, on the following day when Phelps arrived for a closed session with the board, the petition alleges she discovered school employees had not waited for official notice and had, instead, painted over her reserved parking spot, switching possession to "Classified Employee of the Year."
Students told NBC 7 in the past that Phelps contacted students late at night after an award ceremony and threatened seniors' graduation privileges if they refused to apologize for not clapping for her daughter. The allegations first surfaced at a Poway Board meeting but parents said they alerted the district months earlier.
A Del Norte High softball player later filed a lawsuit against Phelps and the district over the alleged bullying, claiming emotional distress, violation of free speech, harassment and more.
On Tuesday, NBC 7 reached out to the attorney of the unnamed player, identified as Jane Doe, who had made the original bullying claims and received the following statement from her attorney, Justin G. Reden:
“We are profoundly disappointed by Marian Phelps’ continued attempts to deflect accountability and harass teenage girls in high school and their families. This lawsuit highlights her ongoing refusal to learn from past actions, demonstrating no remorse and perpetuating a cycle of blame and intimidation. Her behavior has caused significant harm to our daughter and our entire family.
Dr. Phelps’ actions demonstrate a persistent lack of responsibility and a disregard for others' well-being. This lawsuit is another attempt to manipulate the narrative and avoid consequences.
We don't believe anyone is fooled by her tactics. We stand firm in our commitment to ensuring the truth is known and justice is served. We urge Dr. Phelps to reflect on her actions and consider their impact.”
The suit filed by Jane Doe alleges Phelps orchestrated an internal investigation of the plaintiff, whom 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 2023-24 school year, including sports, school-sponsored social events and graduation commencement.
