I am a baby attorney who does practice this kind of law, but I did take sports law, so here are some information/challenges for Oklahoma State in the court room.
The court has consistently declared that they do not get involved in the ins and outs of the NCAA. The only way the court has stepped in in the past is that they found the NCAA did not act accordingly to their own rules and practices. The way they review it is if it is Arbitrary or Capricious. Basically little or no basis for making the decision. This is only a look at the old evidence as well. Which is the standard for 90% of all appeals.
There are complicated legal reasons that it is hard for the courts to intervene. But I think there is a growing desire to want to challenge the status quo, but so far that really hasn’t happened.
I hope the appeals board gets it right and says this is not by definition a level 1 violation. I think that and the level two punishments are what will happen. By that is my Amateur opinion.