Your edit is indeed the critical point.

Two past USAG presidents have publicly named Swarbrick as the architect of the policies that led to the scandal. The question now is whether they were simply using him as an expedient scapegoat. That will all come out at some point given the lawsuits that are pending, but the point many here have been making is that even having to watch the Notre Dame AD give sworn testimony on this subject will be an embarrassment for the University. They should have cut ties before any possible connection could have been made. But it's too late to do that now.