Not so sure that this is a Constitutional issue, but if you are going to call out the "ex post facto nature" you might as well throw in the double jeopardy aspects of it as well. In that we were punished twice for the 2008 year.
Well, it can't be unconstitutional because the NCAA is a private actor, not an organ of the state. But it's for sure unjust, which is why the prohibitions on ex post facto laws were included in the constitution to begin with.