Wasn't one of the issues involved that course work was being graded by an administrative employee named Crowder instead of professors, or even grad assistants? A similar issue has been made in other cases, most notably at TN, MN and Ohio St., I think, where athletics dept. personnel or contractors were doing the coursework for student-athletes. Either way, the grades are being determined by athletics dept. personnel or by their agents or administrators. If so, then how do you evaluate the APR? Forgetting about the relative academic merits of the courses, if Joe Athlete can skate through all the academic requirements then the whole thing is nothing but a giant scam, which it is in practice. I'd bet that not one UNC athlete ever flunked in one of those classes, but some non-athlete students probably did.
I'll admit the whole APR thing is a useless scam, but if you're going to go through the motions of treating it like it's a real thing, then the athletic dept. or non-professor departmental administrators shouldn't be grading the athletes' term papers. That goes way beyond arguing the merits of whether or not they're academically fake courses. That's complete fraud. If the NCAA has no authority to do anything about that, then they might as well close up shop and quit pretending they administer anything.
BTW, just because the NCAA may lose a court case is no reason for them to withdraw from an investigation. If that's all it takes to get them off any particular school's back, then the organization has no basis for its own existence.