Something much bigger is being missed here. Suing the conference brings a courtroom into play. Bringing a courtroom into play then brings the following issues into play since, I believe, Spence, a '12 HS graduate, is under 21.
1) what else was being served at the party?
2) who else was at the party?
3) what was the address of the party?
4) who, if a rental property, owns the property? Do those owners have any connections to the athletic department?
5) how does the OSU athletic department monitor it student-athletes?
These are questions that the OSU athletic department and Spence would NOT have to answer if it was just the NCAA asking the questions. Now, you'll have the B1G lawyers and a judge in a courtroom asking these questions and they are going to be required to answered and the NCAA will be listening.
It's small little incidents like this that can bring down a sports program. Remember, Michigan's basketball program was brought down by Maurice Taylor wrecking his car driving then-recruit Mateen Cleaves and other players back from an off-campus party. Everything spiraled from that one "harmless" incident.