- 3 -
Doe.2 As the evening progressed, it became evident to petitioner
that the three women should not drive home from the Sports Club
because of their inebriation. GBC had a company policy that
allowed employees to arrange for a complimentary room at a hotel
that was part of The Pointe complex for patrons who were
intoxicated. The parties referred to this policy as the "take
the elevator home" policy, and it was intended to protect GBC
from liability should such guests cause harm to themselves or
others after leaving the Sports Club intoxicated. Petitioner
suggested to the women that he procure such a complimentary room
for them, which they initially declined. Petitioner and his
group continued socializing with the women and purchased them
additional drinks. Later in the evening, Jane Doe became sick
due to her consumption of alcohol. The women agreed to accept
petitioner's complimentary room offer and suggested that he
reserve the room and bring them the key. Petitioner declined to
do that, insisting that the women accompany him to procure the
room. After a few more rounds of drinks and socializing, one of
the women, a Ms. Gavirati, observed petitioner leaving the Sports
Club with his arm around a groggy and stumbling Ms. Doe. Ms.
Gavirati suggested to their third woman companion, a Ms. Johnson,
that Ms. Johnson pursue petitioner and Ms. Doe. Ms. Johnson did
that, and, after being advised that they were going to procure
2
Jane Doe was the alleged victim of the alleged sexual
assault. That name is fictitious as the Court, for reasons of
privacy, does not use the actual name of the alleged victim.
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