Yea, I’m 99% positive that the TOS doesn’t say anything about players refusing to use chat communications can receive penalties.
The TOS doesn’t even cover penalties other than referring to their CoC and in their CoC it doesn’t say anything about being able to be penalized for refusing to communicate.
Looking through both the TOS and CoC right now and I don’t see anything supporting your claim.
Can you source the section/clause of the TOS (or the CoC) that states that players can be penalized for refusing to communicate via in game chat?