Georgia Rep. Earl Ehrhart has challenged the Obama administration’s orders on how to handle allegations of sexual assault on college campuses for the same reason he threatened to stop Georgia Tech’s state funding over the school’s policy on investigating allegations of student wrongdoing.

“Even third graders know you’re innocent until proven guilty” is how the longest-serving Republican in the Georgia State House explained his legal theory to the College Fix.

Ehrhart and his wife have filed suit against the U.S. Department of Education and the Department of Education's Office for Civil Rights on behalf of Virginia Ehrhart’s son, who is a student at Georgia Tech.

Ehrhart said he and his wife are afraid her son, and other male students, could be hurt by what he described as an unconstitutional policy on the investigation of alleged campus sex crimes.

The Ehrharts’ suit calls out the DOE’s “Dear Colleague” letters that Ehrhart said could result in male college students being “wrongly accused and found responsible” of sexual misconduct.

It claims the Dear Colleague letters have “aggressively dictated how colleges and universities handle sexual assault and sexual harassment on campus…causing schools to brand more students ‘rapists’ based on the excessively low ‘preponderance of the evidence’ standard” rather than what is usually required in college disciplinary hearings.

The suit states that low level of evidence equates to a 50.1 percent probability of guilt, rather than the “clear and convincing evidence” that is usually demanding in a hearing.

The suit says the Dear Colleague letters also mandate accusers in sexual assault cases are able to appeal not-guilty findings and prevent the accused student from challenging his accuser during the hearing.

The Atlanta Journal Constitution reported schools that fail to comply with the DOE guidance could face investigation and lose federal funding.

The Office for Civil Rights has more than 200 sexual-violence cases at 178 colleges and universities under review.

In their lawsuit, Ehrhart and his wife claim to have “heard countless stories of young men being accused, investigated, and subsequently expelled from Georgia colleges and universities without being provided appropriate due process protections.”

Ehrhart said he is worried that his wife’s son and other men on campus could be charged with sexual crimes or harassment and not have a chance to defend themselves. The result, he said, could be lost tuition money at best, and ruined careers and lives at worst.