School superintendent is fired 'after threatening children who she thought didn't clap loudly enough for her daughter at sports' banquet'

A school superintendent has been sacked after a campaign of harassment against girls she claims didn't applaud her daughter enough.

Marian Kim Phelps was unanimously removed by the Poway Unified School District board this week after it 'lost confidence in her ability'.

Phelps' vendetta against 10 softball players on her daughter's team at the school district of 36,000 students north of San Diego began almost a year ago.

But it was not until players, parents, and coaches raised the issue with the board on November 9 that an investigation began, lasting until April 18.

'The investigation brought to light previous unknown evidence with witnesses with direct first-hand knowledge that contradicted Dr Phelps' statements and assertions to the board, district staff and the public,' the board's statement said. 

Marian Kim Phelps was unanimously removed by the Poway Unified School District board this week after it 'lost confidence in her ability' 

Phelps's daughter Jessica Phelps is seen in May 2023 winning an award at the softball end of year banquet. Phelps claimed teammates didn't applaud enough

Her daughter Jessica Phelps was named most valuable player of a softball team at Del Norte High School at an end-of-season banquet on May 30 last year.

Phelps felt some of her teammates did not show enough enthusiasm for Jessica's accolade, and applauded louder for other girls who received awards.

She responded by texting one of them later that night and spoke on the phone for more than half an hour, trying to prove there was a conspiracy against Jessica.

A screenshot showed Phelps contacting the student at 11.04pm, asking: 'Can I call you now?'

The student replies: 'Yes!'

When Phelps didn't get the admission she wanted, she launched a months-long investigation of the 10 girls and allegedly threatened to ban them from their own graduation.

She responded by texting one of them later that night and spoke on the phone for more than half an hour, trying to prove there was a conspiracy against Jessica 

One of the students sued in November, accusing Phelps of pursuing a campaign of punishment and harassment against her and her teammates.

Her lawsuit in San Diego County Superior Court claimed intentional and negligent infliction of emotional distress, negligence in properly training district employees and a violation of her First Amendment rights.

She claimed Phelps' investigation ended with her being forced to admit to bullying Jessica or be banned from the team and her own graduation.

The girl refused, and was told by the Del Norte principal she was would be excluded from all extracurricular activities for not signing an 'Other Means of Correction' document, correspondence included in the lawsuit showed.

The document pledged that she would not 'bullying, intimidation, harassment, threats and derogatory statements', even though she never did.

The student claimed she eventually signed the document against her will so she could rejoin the softball team for her senior year.

Her lawsuit also claimed Phelps followed social media accounts of private travel softball teams the girl also played for, which later blocked Phelps.

Then at the November 9 meeting, senior shortstop Miranda Mosqueda stood up, supported by six teammates, and demanded the board step in.

Senior shortstop Miranda Mosqueda stood up, supported by six teammates, at a November 9 school board meeting and demanded it step in

She said Phelps 'made life hell for 10 seniors, threatening to bar them from their own graduation if they didn't admit that they did something they didn't do'.

'She used her power and influence to bully our students and essentially break up our softball program,' she said.

'Many of us are afraid to play their year for fear of being harassed and intimidated.'

Former Del Norte softball coach Tom Peronto said he complained to the board about Phelps' 'illegitimate' investigation, but was ignored.

“As coaches presenting awards, we had the best view of the events of the evening, Yet, not a single coach was consulted about the events of that evening,' he said.

He claimed that when she found out, Phelps made false accusations about him and tried to get him fired from the team.

Two parents and another coach at the team also spoke in support of the 10 students and demanded the board finally act.

An outside law firm was brought in, and Phelps was in February suspended at what the board said was a 'sensitive point' in the investigation.

The firm, Dannis Woliver Kelley, looked into the conduct of district staff, students, administrators, and the superintendent. 

Phelps presided over the school district from 2017, and in 2021 was superintendent of the year

Phelps claimed her daughter was being bullied by another Del Norte High student, but denied threatening other students.

'Never at any time have I made threats towards any student nor tried to prevent them from graduating,' she said in a statement in November.

But parents and students were upset by Phelps's behavior, and at board meetings staged protests with placards saying 'clapping is a freedom of expression', and 'stop the abuse of power'.

Ted Buchen, a parent of a Del Norte High student, told NBC News he was 'relieved' that Phelps had been placed on leave.

'Amongst multiple people in the community, we've been to four, five board meetings,' Buchen said. 'We've sent multiple text messages and emails to actual board members. 

'There's been over 100 pages of evidence provided to the board members, and none of that seemed to move the needle.

'So many families cut their necks out and went to board meetings and risked defamation in the community, their kids not playing softball, whatever it may be.

'And the board initially, in my opinion, didn't listen.'

Ted Buchen, a parent of a Del Norte High student, questioned why it took so long for the board to act

Rachell Babler, another parent, said the board had evidence against Phelps 'for months'

Rachell Babler, another parent, agreed with Buchen that the board was slow to act.

'I think it's a step in the right direction, but I have questions as to why now because the board has had evidence for months,' she said.

Alan Stockton, head coach of the Del Norte High junior varsity softball team for 13 years, told The San Diego Union Tribune that the paid leave is 'a good start.'

'I don't know why it took them so long to come to this conclusion,' he said. 'This has been going on for seven or eight months now.

'I'm glad the girls are going to hopefully see what they stood up for is coming to justice.

'They're the ones most affected by all of this.'