It's a good idea to make sure that an XML Schema that you use is valid against the W3C XML Schema recommendation. Xerces tends to apply more rigorous checks than XML Spy, so in the absence of evidence to the contrary I would assume that Xerces is right to reject your schema and XML Spy is wrong to accept it. If this is true then you need to fix your schema.
Alternatively it's possible that this is a schema composition issue - same object in two different schema documents - and in this case the W3C spec leaves implementations some flexibility. If this is the case then there may be ways of invoking Xerces that avoid the failure condition.
Michael Kay
http://www.saxonica.com/
Author, XSLT Programmer's Reference and XPath 2.0 Programmer's Reference