To me this situation is closest to what happened to Derrick Rose and Memphis. The NCAA Clearinghouse cleared him but looked again and clered him again. Then in I believe November of his freshman year they sent him a letter, and Memphis, notifying them that ETS had red flagged his test for certain issues and that his eligibility might be in question. The issues were he didn't take his own test, Memphis asked him repeatedly if he did, he said yes, so Memphis played him. Later the NCAA got the word from ETS, test disqualified they believed he didn't take it, and Memphis got nailed for playing an ineligible player that they had reason to believe was not eligible, the reason was that letter in November telling them his test was under review again.
In this case Auburn has been notified we know they asked for money, we don't know if they got it, he's eligible. But if you play him and we find evidence later, you are now at fault. The point being any games before now, if he took cash he's ineligible, but Auburn didn't know. ANy games after now, the SEC title and the National Title game(possibly) he's ineligible AND you had reason to believe he was.
So what they've done is draw the line in the sand, up until now games get forfeited but no harm to Auburn, games after now harm to Auburn if you decide to play him.
That's really what I think they did.
I'm not surprised people are saying they opened up a loophole but I don't think they really did, asking for money isn't necessarily a violation, getting money is. Asking was a minor violation, accepting it a major one and I strongly suspect if the NCAA had any proof Cecil Newton got money, even if it wasn't from Auburn, they would have ruled him ineligible. But the way that stuff works giving donations to a non profit is something the NCAA can't access, but the FBI can. So they're waiting for the FBI to give them the information they need.