2 UCF students face sexual battery charges

ORANGE COUNTY, Fla. (WOFL FOX 35) - UPDATE: As of April 30, 2021, the charges in this case have been dropped and the records of Kirk and Smith have been expunged after the state attorney’s office said the case was not suitable for prosecution. Original report follows.

Two students at the University of Central Florida are facing charges stemming from a sexual assault investigation.

David Anthony Kirk, 20, and Jack Ryan Smith, 26, were arrested and charged with sexual battery.  The two men are accused of getting drunk with a woman at a house party last Friday.  A police report states that the residence where the party was held "often is the venue to parties hosted by the Alpha Tao Omega fraternity." 

According to the police report, the woman passed out and woke up with the two having sex with her.  She reported that to deputies with the Orange County Sheriff's Office.

The Alpha Tau Omega fraternity has been placed on interim suspension.  The national organization for Alpha Tau Omega released a statement saying the party was "not in any way connected" to the fraternity.  This is the second time in less than a year that the fraternity has been suspended.

Both Kirk and Smith are current students at UCF.  Kirk is a junior pre-marketing major, and Smith is a sophomore pre-business major.