By Nokuthula Ndlovu

Mental health and well-being in educational institutions has garnered much attention lately. As tertiary institutions, colleges and universities face increasing demands for academic performance, emotional resilience and social adaptation, there is a growing recognition of comprehensive support systems. One promising approach is the integration of personality and behavioural assessments as preventive and screening measures. This article outlines the rationale for this initiative and the potential benefits for students and institutions alike.

The role of legal psychology in our tertiary institutions is to create a balance between assessment and intervention. Implementing behavioural and personality assessments for students on enrolment and when they face disciplinary action is a thoughtful approach to understanding their underlying motivations and behaviour. However, it is crucial to consider the design of the assessments, the legal implications, and ethical considerations. In implementing behavioural and personality assessments, there are legal and psychological considerations to be made. These include informed consent, confidentiality, non-discrimination, data security, use of the data and educational policies.

Tertiary institutions are unique environments characterised by intense academic pressures, social dynamics, and a critical transitional phase in students’ lives. Numerous students struggle with stress, anxiety and various mental health challenges during this time. Mental health issues affect more than just individual well-being. It affects academic performance, interpersonal relationships, and overall campus culture. Proactive measures that address these challenges can foster a healthier educational environment. Understanding the environment is crucial to prevent risks in educational settings.

Integrating personality and behavioural assessments into the fabric of tertiary education is not merely an innovative idea but a necessary approach to fostering student success and well-being. By taking preventive action, institutions can create a supportive and resilient environment that resonates with the diverse needs of their students. Through this proactive stance, they can enhance academic outcomes, promote healthy relationships, and ultimately prepare students for successful futures. As we focus on mental health and well-being in higher education, we need to use personality and behavioural assessments.

The value of behavioural and personality assessments during admission and enrolment of first year students would provide early identification of potential issues. Behavioural and personality assessments can identify traits and inclinations that may predispose students to stress, anxiety or maladaptive coping strategies. Administering assessments, can flag potential concerns as a proactive approach tailored to provide intervention and relevant support systems, therefore, minimizing the risk of more severe mental health crises later.

Assessments can help identify students who may struggle in certain environments or learning styles. By adapting teaching methods or offering alternative learning strategies, institutions can enhance performance and overall student satisfaction, ultimately reducing dropout rates. Understanding behavioural patterns can help foster positive social interactions among students. Assessments that reveal tendencies toward aggression, avoidance, or social anxiety can inform social skills training and conflict resolution workshops. Recognising patterns of thought, emotional regulation, and interpersonal skills, will guide in developing targeted interventions that not only address immediate behavioural concerns but also promote long term positive change.

By creating a supportive atmosphere that encourages healthy relationships, institutions can improve campus culture and reduce incidents of bullying, isolation and gender-based violence. Behavioural and personality assessments can offer students insights into their strengths, weaknesses, and working styles. This information is invaluable when guiding students toward appropriate career paths and internships. By aligning their academic pursuits with their intrinsic traits, students are more likely to find fulfilling careers post-graduation, which in turn enhances the institutions reputation.

The integration of behavioural and personality assessments signals an institution’s commitment to student well-being. This cultural shift toward valuing mental health and resilience can influence students’ attitudes and behaviours positively. With a focus on preventative measures, institutions can foster an environment where seeking help is normalised, reduce stigma and encourage open dialogue about mental health. This is particularly important for our tertiary education if disciplinary processes are rehabilitative and not punitive in nature. This path provides some security not just in terms of protecting the rights of complainants beforehand but also affording accused students a helping hand. By understanding a student’s behavioural tendencies and personality profile, institutions can better align their support services. For instance, students who exhibit high levels of introversion may benefit from different engagement strategies than their extroverted counterparts. Personalised academic counselling, workshops on coping strategies, and peer support groups can be designed based on assessment findings providing targeted help where it is needed most.

South Africa’s commitment to combating youth related crime and fostering a just legal system is embodied in the Child Justice Act 75 of 2008. This legislation is designed to address the unique needs of children in conflict with law, prioritising rehabilitation over punishment while recognising the complexities of juvenile behaviour. In parallel, tertiary institutions face their own challenges regarding student behaviour, academic integrity and mental health. The principles of the Child Justice Act can be used to inform the integration of behavioural and personality assessments in higher education, particularly in the context of enrolment and disciplinary proceedings.

The Child Justice Act serves as a foundational pillar for addressing juvenile behaviour, advocating for rehabilitation and assessment to inform interventions. Educational bodies can adopt similar ethos to ensure a growth-oriented environment for students. Embracing such integrative practices promises a more compassionate and effective future for the nation’s youth. Central to the Child Justice Act are the principles of restorative justice, best interests of the child, and the emphasis on assessment and diversion rather than punitive measures. The Child Justice Act mandates a holistic approach, requiring assessments of the child’s background, psychological profile and social circumstances to tailor relevant interventions that promote reintegration to society and correction of cultural errors.

The introduction of behavioural and personality assessments in tertiary education can be seen as a proactive strategy to address academic performance and mental health behavioural issues among students. By incorporating assessments, institutions can gain meaningful understanding of prospective students. When disciplinary issues arise, assessments can provide context to a student’s action. Understanding underlying behavioural tendencies helps institutions to tailor disciplinary measures that focus on growth and learning rather than mere punishment, thus aligning with the rehabilitative intent of the Child Justice Act.

Given the rising concerns around mental health in academic settings, assessments can identify students who may be struggling. This allows for early intervention through counselling services, or academic assistance, fostering a more supportive environment conducive to student success. The Child Justice Act emphasises the importance of individualised assessment’s in determining the best course of action for young offenders. Similarly, tertiary institutions can adopt a comprehensive approach that mirrors these principles.

Juvenile assessments often relate to the legal framework established by the Children’s Act 38 of 2005 and the Criminal Procedure Act 51 of 1977, which emphasise the need for considering a child’s best interests in legal proceedings. The effectiveness of the assessments would become apparent through regular evaluations to refine best practices and ensure they meet the evolving needs of the student population.

While the integration of behavioural and personality assessments presents benefits, it also poses challenges. Care must be taken to ensure that assessments do not reinforce existing biases or discrimination. When assessments inform disciplinary actions, there is a risk they may be perceived as determinative rather than advisory. This raises questions of procedural fairness and due process. Students may contend that assessment outcomes unfairly influence disciplinary decisions without considering the merits of individual cases. This would require tightening of procedure to ensure that no issues arise at a later stage.

While assessments can provide insight into certain behavioural tendencies, they may not fully capture the complexities of cases involving gender-based violence or severe misconduct. Addressing such issues requires a broader lens that incorporates socio-legal contexts, trauma informed practices and input from mental professionals.

The assessment of students’ behaviour and personality stands as a double-edged sword in educational environments dealing with misconduct. It is imperative for institutions to remain vigilant about legal implications, cultural sensitivities, and the overall welfare of their student bodies which is the ultimate function of assessment. Over reliance on assessments, may become an issue, particularly where it results in simplistic categorisation of students. Students identified as at risk, based on assessment outcomes, may be stigmatised within their environment. Such labelling may create a cycle of peer related issues that the assessments seek to prevent. However, implementing standardised assessments demonstrates a commitment towards institutional accountability and it is likely to secure loose ends within the procedures of internal disciplinary action. This will not only build trust among students and parents but maintain compliance with legal and ethical standards concerning student behaviour and welfare.

Ultimately, the goal is to cultivate a positive culture within our institutions where every student feels valued and understood. By committing to regular assessments, we create an environment where students can thrive academically and socially taking progressive steps towards normalising mental health.

Entry into the legal profession

The legal profession has increasingly recognised the importance of mental health and well-being among its practitioners. As the demands of legal education grow more intense, it has become crucial to also understand how these pressures affect law students before they become attorneys. Implementing psychological assessments at the tertiary level for law students can provide improved mental health, enhanced academic performance, better client relationships, and the overall promotion of a healthier legal culture.

Emphasising the importance of mental health within legal education can instil values of self-care and responsibility among future lawyers. Legal institutions can better safeguard against the potential consequences of inadequate mental health management, such as malpractice or unethical behaviour. In the long term, the integration of mental health considerations into legal education can create a more compassionate and supportive legal environment, reducing instances of burnout, substance abuse, and other mental health challenges prevalent in the profession.

Psychological assessments can play a role in ensuring that individuals entering the profession possess the necessary emotional and psychological resilience required for such responsibilities. An understanding of one’s psychological state can contribute to ethical decision-making, improving the overall competence of the legal profession. The ethical benefits of subjecting law students to psychological assessments are substantial. Enhancing ethical awareness stands to reduce risky behaviours and strengthen client advocacy. This would in turn promote justice and equity while cultivating a responsible legal culture. Psychological assessments would contribute to the formation of conscientious and well-rounded attorneys. Ultimately, prioritising mental health not only enriches individual practitioners but also enhances the ethical fabric of the legal system.

Nokuthula Ndlovu LLB MA (Human Rights) (UFH) is a Legal Advisor (Student Disciplinary Coordinator) at the University of Fort Hare.

This article was first published in De Rebus in 2024 (Oct) DR 54.