Regardless of any tribal governmental issues, any settlement talks will probably be based on what happens in discovery. If I were representing the State, I would be salivating over reviewing, and presenting, NC$$ emails, voice mails, phone logs, internal documents, correspondence, etc. related to this policy, and how it was implemented, to demonstrate how far Brand & Co. have deviated from their charter, and their agreement with UND and possibly other schools. As well, I think Myles and Franklin would not make very good deponents, or witnesses under cross.
I don't think the NC$$ really wants all of its dirty laundry shown to its member schools, Congress and maybe even the IRS. If there is a settlement, I think tribal "consent" for UND to use its name/logo should not be on the table at all, and not part of any agreeement.