Jamestown Public Schools District officials haven’t said much about allegations a student was seriously injured in a trust-fall exercise at Jamestown High School in November.

Its recent legal filings in a civil court proceeding aimed at requiring the district to preserve records related to the incident speak loudly enough.

The district filed four documents in state Supreme Court in Mayville on Monday, including an affidavit by Dr. Kevin Whitaker, Jamestown Public Schools superintendent. Whitaker said the district has already taken steps to make sure materials related to the Nov. 2 gym class have already been preserved, as have surveillance footage of the student for the period before and after leaving gym class.

Whitaker also said district personnel have to obtain first-aid care of students who are injured while under school supervision. In most cases, first aid should be given and then the parent contacted to come to school and take the student to their family physician – though an ambulance can be called if needed. All physical education teachers, personnel or coach who provide instruction to students in school-sponsored athletic activities, have to complete a course every two years to recognize concussion or mild traumatic brain injury symptoms, how to monitor those students and the proper medical treatment for students who have a concussion or mild traumatic brain injuries.

“However, upon information and belief, there was not any indication during the subject physical education class or at any point during the Nov. 2, 2023, school day that (the student) suffered any injury,” Whitaker said in the affidavit. “If it was apparent that (the student) had suffered an injury, at a minimum her parent/guardian would have been notified promptly, and if appropriate based on the severity of the injury, an ambulance summoned. Neither occurred on the date in question because (the student) made no complaint of an injury on the date in question and an injury was not otherwise apparent.”

State Supreme Court Justice Grace Hanlon is being asked to decide whether or not the district has to comply with a records request as part of a possible legal claim by the student’s mother. A hearing is scheduled to be held today. Hanlon is being asked to require the school district to preserve any evidence it controls, including video footage or still images, taped or digital, of the interior or exterior of the school, preservation or hard drives, memory cards or other data storage devices, preservation and production of accident reports, witness identities, contact information and statements, investigative files, internal communications regarding the Nov. 2 incident or into other incidents involving students who may have been injured in “trust fall” activities at Jamestown High School on or around Nov. 2 and preservation of all Board of Education meeting minutes, notes, memoranda, communications – including executive session minutes – for meetings in which the incident involving Bloomberg’s daughter was discussed as well as records regarding the teacher allegedly involved.

District officials say in their filings that some of the records requested are protected by the Federal Education Rights and Privacy Act and state Education Law, including public release of student records that include videotape or that contain information directly related to a student, without written consent of those students’ parents or guardians. Parents, guardians and non-custodial parents can inspect and review a students’ records on school grounds and only as they pertain to their student. District officials say there has been no attempt to see the records other than the court filing.

Alison Fiut, the attorney representing the school district, wrote in her affidavit that many of the records requested should be withheld because they aren’t necessary as part of a pre-lawsuit disclosure. Records typically released before a lawsuit is filed are necessary only to file a claim, something Fiut says has already happened in this case. A notice of claim was filed Jan. 26.

“Here, the Petition and supporting documents establish that Petitioner already possesses all of the pertinent information to frame her notice of claim and pleading,” Fiut wrote. “She knows the date of the alleged accident (November 2, 2023), the location of the alleged accident (petitioner’s “regularly scheduled physical education class at Jamestown High School”), and even the alleged cause of the accident (her allegedly being “struck in the head by another falling student, due to the negligence and carelessness of the Respondents, their employees, and/or agents”). Petitioner also apparently has reason to believe the “falling student” was engaged in ‘trust falls.’ Petitioner fails to explain what additional information is necessary to craft these documents. Indeed, on January 26, 2024, petitioner served the district with her Notice of Claim thereby negating the need for pre-suit disclosure.”