With no explanation, chose the best option from "A", "B", "C" or "D". Justice BAER files a concurring opinion in which Chief Justice CASTILLE joins. 1 . The three distinct factors that must be considered are as follows: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements will Cmwlth.2003) (concluding that substantial evidence supported indicated report that daycare provider’s son had abused a child so as to support denial of request for expungement). Since its decision Pa.Cmwlth.2005) (<HOLDING>). 5 . The issue presented is a question of law;

A: holding that merger did not apply because sexual assault was not a lesser included offense of seconddegree kidnapping involving sexual assault
B: holding moot the plaintiffs challenge to a universitys requirement that foreign students carry health insurance where named plaintiffs were no longer students at the university
C: holding evidence of sexual assault relevant to show defendants motive in kidnapping victim
D: holding that a classmates testimony of sexual assault provided substantial evidence to support a students suspension from the university
D.