What i dont understand is the NCAA complains about not having subpoena power so they have to engage in all these black market tactics to get information on the schools. I am sure that a member school's membership is supported by a contract or agreement to abide by said rules and pay fees for the school to maintain membership. If that is indeed the case, why doesnt the NCAA (and vice versa for the school) just sue the member school for breach of contract in civil court for rules violations, damages, etc? This would in effect give the NCAA access to the court system, evidence rules, discovery rules, and subpoena power in order to get redress against the school. You might even have the cases heard before the Tax Court (jurisdictionally) because I think the NCAA might could make an argument that member schools violating their rules jeopardizes their ability to maintain their tax exempt status. There would also be a legitimate appeals process as well; however, I doubt any such case would ever make to SCOTUS but you never know.
The school's membership should be any different than a stockholder suing its own company in a derivative action. The fact the NCAA says they dont have access to the courts just doesnt make sense to me when virtually everyone else in society does if they so choose to go that route. Of course, unless the NCAA mandates dispute resolution be what it currently is which obviously doesnt work well at all.
To me some approach like this would certainly result in some form of legitimate justice on these matters as opposed to the ridiculous results we see now.