That's not exactly correct. The "Repeat Violator Rule" was enacted by the NCAA in 1985 as a "automatic" sentence of death to a program that has committed a second major infraction within five years of receiving a penalty for an initial major infraction in that same program. That does not mean the "Death Penalty" cannot be used in other situations.
The NCAA's Committee on Infractions (COI) can level whatever penalty/ies its deems appropriate given the violations it is presented by the NCAA. In UNC's case, the NCAA leveled FIVE Level One Infractions against UNC (including Lack of Institutional Control), and it covered more than 20 years and many programs including BB, FB, Baseball, Soccer, as well as Women's BB and Soccer. UNC's case is exceptionally unprecedented in both depth and breadth.
Per the NCAA, "The committee decides penalties case-by-case. Each case is unique, and applying case precedent is difficult (if not impossible) because all cases are different. Each case has its own aggravating and mitigating factors, and the committee considers both sides in assessing penalties."
In UNC's case, they basically lied to and misled the NCAA in its initial investigation, and then employed an effective stall tactic in August, when UNC self-reported a few new minor infractions involving women's BB and soccer. This gave UNC precious time to make a run at the Men's BB championship.
The COI is not Mark Emmert. It is an independent body comprising members that are "current or former presidents, chancellors, directors of athletics; former coaches; representatives from conference offices; faculty/staff; athletics administrators with compliance experience; and general public members who have formal legal training but who are not associated with a collegiate institution, conference, or professional or similar sports organization and who do not represent coaches or athletes in any way."
Current members are listed here:
http://www.ncaa.org/about/resources/media-center/news/committee-infractions
To be clear, if the "Death Penalty" is available (and it is), UNC has earned it. But the school can still be punished in a severe and lasting way, even if the DP is not used. We shall see.