Nobody except people with Husky colored glasses thinks that the UConn program doesn't deserve sanctions for failure to meet known standards, even if the standards are flawed. But I'd wonder if you'd think it okay if you had been convicted of first degree murder in a state that had no death penalty and been sentenced to life without parole, and the state adopted the death penalty a year after your incarceration and made it applicable to all prisoners who had sentences like yours? After all, you were the one who bloodied the knife, so what the hey, happens to people who do bad things. Make sure your lawyers don't bother to appeal.
No, this isn't the death penalty, but for a basketball program. it certainly has a pretty tough result. Is it possible, that had this penalty been in place at the time the UConn failures were occurring that the violations would have happened anyway and that UConn would have no obvious recourse? Of course. But that isn't the way it happened. I love the show "The Good Wife". There was a line in this past week's show to the effect that when the people who enforce the rules have you, don't expect them to be reasonable.
No, you should get life in prison. Legally, in this country, if I commit a murder when there is no death penalty, only a life sentence, I can't get the death penalty, even if the legislature legalizes it the next day. But I can (and should) still get life imprisonment.
Now, suppose I'm driving to the victim's house and the governor signs a bill to legalize the death penalty effective immediately (which in politics never happens, but all this proves is that the NCAA is less bureaucratic than the government, which frankly is like saying ants are smarter than coconuts). I had no way of knowing I could get the death penalty when I set out to commit the murder. But I can still get the death penalty for it. Of course, this is a slightly different situation because it wouldn't take me two years to get to his house and commit the murder, but nevertheless, the fact that there was no death penalty when I decided to commit the murder is irrelevant. The legal definition of when a murder takes place is when the victim dies. If something weird happened and first I shot him, then they legalized the death penalty, and then he died, I might be able to make a case out of it if I took the government to the Supreme Court. To my knowledge, there is no legal precedent one way or the other. But this isn't like that. And, I would still get punished. At best, I would get life imprisonment.
Oh, and one more thing - the Constitution applies to the federal government, and via the 14th Amendment, also applies to state and local governments. However, it does not apply to the NCAA, who is a private agency, not a government one. As long as it doesn't violate any commerce laws, the NCAA can do whatever it wants. You want to apply the 5th Amendment to the NCAA, should we cite the First Amendment and say technical fouls for trash talk are Unconstitutional? Or cite the Second Amendment and let players bring guns to games? Obviously this would be ridiculous. Why? Because the NCAA is not a government institution. You can't talk about "double jeopardy" with them and think it means anything.