NBC 7’s Omari Fleming spoke to the attorney defending the softball player and her family who filed the lawsuit.
The Poway Unified School District voted unanimously Tuesday to terminate Superintendent Marian Kim Phelps following an investigation into bullying claims.
An independent investigation into the bullying claims was 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.
"Based on her conduct, as revealed to the Board through the investigation, the Board has lost all confidence and trust in Dr. Phelps’ ability to continue to serve as Superintendent, as well as in her ability to continue to work collaboratively with the Board as part of Poway Unified’s governance team," the PUSD Board President Michelle O'Connor-Ratcliff said in an email.
O'Connor-Ratcliff also stated that the "investigation brought to light previously unknown evidence from witnesses with direct first-hand knowledge, that contradicted Dr. Phelps’ statements and assertions to the Board, District staff, and the public."
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A spokeswoman for the district, Christine Paik, told NBC 7 that Tuesday will be Phelps' last day and will not receive a payout for the the balance of her contract since she was terminated "for cause."
Phelps' situation is unusual in that she is no longer an employee of the district and is also a parent of a local student; there are no restrictions on her activities as a parent, as far as Paik was aware.
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Students told NBC 7 that Phelps contacted students late at night after the award ceremony and threatened senior's graduation privileges if they did not 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 also filed a lawsuit against Phelps and the district over the alleged bullying, claiming emotional distress, violation of free speech, harassment and more.
It 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 2023-2024 school year, including sports, school-sponsored social events and graduation commencement.
Phelps has denied all allegations.
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.”
Attorney Justin Reden, who represents the Del Norte High School softball player and her family who filed the lawsuit in November of last year said that no student should have to go through what his client went through.
“I think that the district is going to need to dismantle itself at the administrative level and rebuild," said attorney Justin Reden.
"It should not take a year with the knowledge that they had,” said parent Melinda Huntoon. “There was just so much evidence from the start to show that this person should not be in this position of power."
Due to the investigation involving students and personnel issues, O'Connor-Ratcliff said no other details will be released.
NBC 7 tried reaching out to Dr. Phelps for comment, but we did not get a response.
Greg Mizel will continue to serve as Interim Superintendent of PUSD during the period of transition, the statement continued.
