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Lawsuit filed against Poway Unified, Superintendent Marian Phelps amid banquet clapping controversy

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Posted at 6:50 AM, Nov 29, 2023
and last updated 2023-11-29 10:30:24-05

POWAY, Calif. (KGTV) — What started as a debate over who received more applause during a high school softball banquet in Poway last school year has evolved into a lawsuit.

The suit was filed Monday by an anonymous Del Norte High School student and softball player referred to as “Jane Doe,” and the 93-page complaint alleges Poway Unified School District Superintendent Marian Phelps “orchestrated” an “illegitimate and biased” investigation that ultimately banned the plaintiff from extracurricular activities for this current school year, including being on the softball team for her senior year.

Attorneys for the student said it all stemmed from the softball banquet in May 2023, after claims the Phelps felt players didn’t clap enough for her daughter, who’s also on the team.

The complaint outlines a supposed rivalry between the student and the superintendent’s daughter, who both pitch on the Del Norte High varsity team.

RELATED: Poway Superintendent denies harassing students as board launches new investigation into softball team

The lawsuit includes several screenshots that the plaintiff claims prove Phelps was reaching out to her teammates late on the night of the banquet.

In one screenshot, the superintendent reportedly asked at 11:04 p.m. if the student was up and if she could call, followed by a screenshot of a 32-minute phone conversation with the student.

Just two weeks ago, during a press conference, Phelps denied reaching out to students late after the banquet.

There are also screenshots of social media posts made by the superintendent which the plaintiff believes were directed at her or other softball players, calling them “toxic” and “online bullying.”

In mid-November, after calls from parents, students, and coaches to investigate Phelps, the Poway Unified School District board instead launched a new investigation into bullying on the team.

At that meeting, the superintendent's daughter spoke out in support of her mom.

Poway Unified officials told ABC 10News in an email they haven’t been served yet with the lawsuit but said they wouldn’t be able to comment on any pending litigation.

Attempts to reach Phelps via her district email went unanswered.