]28 World Anti-Doping Code •2009other anti-doping rule violation occurred, thenthe Anti-Doping Organization shall have theburden to establish that such departure did notcause the Adverse Analytical Finding or thefactual basis for the anti-doping rule violation.3.2.3 The facts established by a decision of a court orprofessional disciplinary tribunal of competentjurisdiction which is not the subject of apending appeal shall be irrebuttable evidenceagainst the Athlete or other Person to whomthe decision pertained of those facts unless theAthlete or other Person establishes that thedecision violated principles of natural justice.3.2.4 The hearing panel in a hearing on an anti-doping rule violation may draw an inferenceadverse to the Athlete or other Person who isasserted to have committed an anti-dopingrule violation based on the Athlete ’s or otherPerson ’s refusal, after a request made in areasonable time in advance of the hearing, toappear at the hearing (either in person ortelephonically as directed by the hearing panel)and to answer questions from the hearingpanel or the Anti-Doping Organization assertingthe anti-doping rule violation.