Marion County Jury Finds Hayes Elementary Teacher Guilty of Assaulting 6-Year-Old Non-Verbal Autistic Student

A Marion County jury this week found a special education teacher at Hayes Elementary School in Marion guilty of assault for slapping a 6-year-old non-verbal autistic girl under her care on October 10, 2024.

According to a release from Marion County Prosecutor Ray Grogan, the jury held Grafmiller accountable for striking the vulnerable student after the child spit on the teacher during recess. Grogan tried the case alongside Assistant Prosecutor Parker Schwartz, presenting compelling evidence including surveillance camera footage from the school property that captured the incident in clear detail.

Grogan emphasized that this case underscores the duty of educators to protect, not harm, the children entrusted to them, especially those with special needs who cannot speak for themselves.

On that day, Grafmiller was responsible for the victim as part of her role teaching special education students. As she led the class outside for recess, holding the girl’s hand, the child—who was known to spit due to her autism—spit on Grafmiller. In response, Grafmiller smacked the girl across the face with enough force to cause her to fall back, though she remained upright only because Grafmiller still held her hand.

A classroom aide who witnessed the assault urged Grafmiller to report it, leading to an investigation by the Marion Police Department. Testimony during the trial revealed that the victim had previously spit on two other staff members, neither of whom responded with physical violence, highlighting Grafmiller’s disproportionate and unlawful reaction.

“This conviction sends a strong message that no one, not even a teacher, can lay hands on a child in anger,” Grogan said. “Grafmiller abused her position of trust, and we fought to ensure justice for this defenseless girl.”

The victim’s autism and non-verbal status made her particularly susceptible, unable to communicate the abuse or defend herself, which Grogan stressed amplified the offense’s severity.

The jury’s balanced composition—six women and six men—ensured a fair deliberation, reflecting community standards against child harm. Grafmiller now awaits sentencing before Judge Matthew Frericks, scheduled for a later date, facing maximum penalties for the fourth-degree felony assault: up to 18 months in prison and a $5,000 fine.

“Our children deserve safe environments to learn and grow, and this jury affirmed that principle,” Grogan said. “We’ll continue prosecuting those who betray that trust to keep Marion’s kids protected.”