I have tried to tell you all before, you have a strangely magical thinking about litigation. Not going to belabor it, but KU as a member of the NCAA has voluntarily agreed to be subject to their disciplinary rules. Courts will generally allow private organizations to follow their rules provided they actually do so. KU can try to establish that any discipline imposed was a result of unfair application of their rules, but if KU violated any rules a court isn't likely to give 2 s---ts whether other schools have gone unpunished.
Courts review private adjudications for procedural fairness. It is not likely they will allow KU to drag in anyone to prove Zion or anyone received anything from other schools unless they can get some proof that some decision at the NCAA was made by someone with a proven bias or chose to engage in selective prosecution for an invalid reason.
"Invalid reason" does not include a desire to make an example of you. To draw an analogy, let's say you got pulled over out of 25 drivers and you feel you were singled out. But the police are not required to pull everybody over. If you were the only black driver and you got pulled over, an inference of improper motive could be drawn because there has been proven numerous policies of profiling over the years. But if you were going 90 and routinely passing every other speeder, you might find no sympathy even if another guy was going 95 at times.
Choosing to go after KU because it is an adidas school isn't a violation of fundamental fairness unless there is evidence of an improper motive. But the lawsuit can't be a fishing expedition to find that evidence--you need something to cross the threshhold first.
In this case, the NCAA ruling will likely come down to whether there is a credibility derermination to be made when/if KU staff tries to establish lack of any reason to believe, or investigate whether, adidas employees were engaged in illegitimate recruiting tactics. Credibility determinations are among the hardest issues to challenge, and any challenge would likely be based on the difference between an inference "possible" from the tapes and texts, as opposed to an inference "probable" from that evidence. Trying to relitigate that in court is usually problematic at best.
I actually believe the KU threats to litigate this to Kingdom Come are posturing that will eventually result in a settlement. If KU has actual admissions of bias from an NCAA whistleblower, obviously that suspicion on my part is less likely, but I doubt it exists. I think KU will get a settlement that vacates the final 4 and SDS's games that year (goodbye "Streak") and that puts KU on probation for a few years with a loss of a scollie or 2 for 3 years or so. Maybe a finding of lack of institutional control by failing to supervise adidas. But no finding of coach actual knowledge and so no separate sanctions against the staff including HCBS (except perhaps maybe a restriction on recruiting contacts or visits as part of the general findings). This could change if the charge of withholding evidence (Bill's phone) ends up being an actual attempt to cover up bad stuff as opposed to just missing a procedural deadline.
I think there will not be a tourney ban because Preston never played.