The role of the Code Of Conduct in disputes
The Code Of Conduct is one of the most fundamental documents in the Ubuntu community. Within it, expected core standards of behavior are laid out, which while innate in most people, the document clearly defines standards of "being excellent to each other" in the Ubuntu community.
Although the CoC defines these core standards of behavior, it is not intended to be a document that is used against people accused of not adhering to the concepts in it. The CoC is really intended as a document to outline clearly what the community expects. If someone is quite clearly behaving against the standards of the CoC, the CoC should not be used as evidence against them, the person is quite clearly not acting within the spirit of the community, and their actions is what they should be judged on.
If you feel that someone is not acting within the spirit of the community and their behavior is not within the CoC, you should be careful not to shout "you are breaking the CoC!" at them. Any accusations of unsuitable behavior should focus on their actions and why their actions are causing problems in your community.