Yes. This is true. Like it or hate it, the level of certainty in the culpability, as well as the public perception seems to be a large factor. That being said, this is not a criminal proceeding where it is mostly a yes or no verdict. Here, the punishment can be adjusted based upon the certainty culpability as well as on other factors, such as the possible effect on the bottom line of the league ($$). Is it really so different than any other business?