De Sousa won't play this year. Billy Preston didn't play with a lot less questions surrounding him--at the time, at least. His case wasn't insignificant, but De Sousa is a much more curious/damning case. The NCAA takes court ruling at face value.
Bill Self, and Souza himself, have stated he most likely will play (although Self himself didn't seem 100% confident). At this very moment in time, Kansas has nothing to lose saying they think he will play. Either:
1. They believe he will be cleared. Although, statements via the AD, the lower level administrator, and Self himself, hasn't given a ton of confidence to this idea. That in of itself is troubling for them.
2. They realize the gravity of the situation...That he played last year, and they're buying time because they realize/are preparing for the ensuing shitstorm. They have no reason to address the current allegations with any uncertainty because that will only cause more questions.
The NCAA will take court rulings as fact, and act accordingly. They don't have to have their own independent investigation, and why would they? The federal courts are the penultimate rule of the law.
Kansas fans need to hope and pray that this drags out/no real sentencing occurs. That's their only real hope.