You are reading it wrong.
Update on this story:
http://www.startribune.com/local/west/246200561.html
After meeting with the family of a popular Rogers High School student-athlete who was suspended for two months for a potentially misunderstood tweet, Elk River District Superintendent Mark Bezek said Wednesday that school officials are now “pursuing to craft a different outcome, but one that will still make an impact.”
(snip)
The county attorney’s office has received the case from police and is now considering what charges — anything from a misdemeanor to a felony or none at all — are warranted.